MEXICO

• INTERNATIONAL TREATIES TO WHICH MEXICO IS SIGNATORY

  • International Treaties to which Mexico is signatory for the protection of Plant Breeders Rights.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    3. CONVENTION ON BIOLOGICAL DIVERSITY And BIO SAFETY.
    4. CARTAGENA PROTOCOL on Bio Safety
    5. NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redress. Benin is not a member for Liability and Redress.
    6. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    7. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.

     

    Mexico is not a member of ITPGRFA The International Treaty on Plant Genetic Resources for Food and Agriculture.

• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in Mexico are protected by:

    1. The Plant Variety Protection Laws
    2. The Seeds Law
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The PVP Act does not protect new varieties if the denomination given to such variety which:

    1. consists solely of numbers.
    2. is misleading or confusing regarding features, characteristics and identity of the breeders .
    3. is contrary to public policy, morality and social ethics.
    4. is not distinct from the existing variety of the same plant species.ParityPatents Law Firms through its Attorney and Law Firms in Mexico is at hand to help you with PBR protection and registration.
• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • 1.  Persons claiming to be Breeders
    2. Successors in-interest,
    3. Employers
    4. Assignees & Inheritors of the variety
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT MEXICO

  • Application made for protection under the PVP to contain a unique variety denomination having the following requisites:

    • Different from other exiting varieties in the country and abroad
    • Shall be in compliance with all the other requirements as laid down in the regulations
    • Shall not be identical or confusingly similar to already registered and protected by the Industrial Property Law
    • Applicant to specify the parentage and origin of the applied plant variety
    • Priority details if any
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
    • Application not in conformity is communicated to the applicant or rectification within a stipulated time, else, application is considered void.
    • Where denominations don’t meet requisites, applicant to propose a fresh one within a stipulated time period.
    • Upon all the requisites being fulfilled, office to issue Breeder’s Certificate
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The PVP Act protects New Plant Varieties which are:

    • Novel
    • Distinct
    • Uniform
    • Stable
    • Designated by proper denominations
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    1. 15 years from the date of grant of registration – for all other types.
    2. 18 years from the date of grant of registration – for perennial species and their root stocks, fruit and fruit tees, vines, ornamentals.

    Owners of the registered plant variety may:

    • Conduct production and propagation of the plant variety
    • Process the plant variety for the purposes of propagation
    • Offer the plant variety for sale
    • Sell and Market the plant variety
    • Export and Import the plant variety
    • Stock the plant variety to carry out all of the above acts
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • Compulsory Licenses: Authorities may issue compulsory licenses in the following circumstances:

    • Exploitation of the plant variety considered necessary to meet the basic needs of the population in the country.
    • When there is a deficiency in the supply of  the protected plant variety.
    • The registered plant variety is not exploited within 3 yrs. from the date of issue of breeder’s certificateParityPatents along with specialised Patent Lawyers and Patent Attorneys in Mexico, can assist you comprehensively with PBR Compulsory Licence matters.
• Cost of Registration in MEXICO

  • Please write a mail for cost of registration of Plant Variety Protection in Mexico to the mail address given below:

    contact@paritypatent.com