COUNTRY : UNITED MEXICAN STATES
CAPITAL : MEXICO CITY
LANGUAGE : SPANISH
INTERNATIONAL TREATIES TO WHICH MEXICO IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Mexico are protected by:
- The Plant Variety Protection Laws
- The Seeds Law
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVP Act protects New Plant Varieties which are:
- Designated by proper denominations
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:
- consists solely of numbers.
- is misleading or confusing regarding features, characteristics and identity of the breeders .
- is contrary to public policy, morality and social ethics.
- 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:
- Persons claiming to be Breeders
- Successors in-interest,
- Assignees & Inheritors of the variety
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 15 years from the date of grant of registration – for all other types.
- 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.