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Submitted March 7, 2024
Published 2024-04-24

Artículos

No. 53: Anuario de Derecho

Legal advances on the obtaining of plant varieties.


DOI https://doi.org/10.48204/j.aderecho.n53.a4864

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References
DOI: 10.48204/j.aderecho.n53.a4864

Published: 2024-04-24

How to Cite

García G. , J. L. (2024). Legal advances on the obtaining of plant varieties. Anuario De Derecho, (53), 281–291. https://doi.org/10.48204/j.aderecho.n53.a4864

Abstract

Plant variety rights can be defined as the protection granted to those who develop a new plant variety through plant breeding and the application of scientific knowledge. The beneficiary of this protection is referred to as the breeder, and among the rights obtained, they have the right to prevent third parties from performing certain acts related to the production, reproduction, preparation for reproductive purposes, multiplication, or propagation, among others, of the new plant variety they have developed. To enforce these rights, they receive a certification that allows them to take legal action against those who violate their rights. This protection has a duration of between 15 and 25 years, depending on whether it pertains to forest trees, fruit trees, or other species.  This new plant variety must have a distinct generic name, and for intellectual property rights to provide protection as mentioned, the plant variety must meet certain requirements, such as being new, distinct, uniform, and stable. 

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