Breeders’ Rights: New Grain Control System

The recent Joint Regulation 3/2026, issued by the Argentine Institute of Seeds (INASE) and the Secretariat of Agriculture, Livestock, and Fisheries (SAGyP), establishes an innovative regime for controlling varietal identity in grain through sampling at the first point of delivery. This Resolution falls within the framework of the Seeds Law 20247, where varietal control emerges as a key tool to verify the legitimate use of protected plant varieties and to prevent infringement.

The core of the new regime lies in sampling and analyzing grains at the first point of their delivery, that is, the initial stage of grain commercialization. To this end, primary delivery facilities (as described in Joint General Regulation 5673/2025 (SAGyP – ARCA)) must be duly registered in the Simplified Agricultural Information System (SISA), a duty that was already in force based on Joint General Regulation 4248/2018. The protocol set forth by this new Joint Regulation refers to preexisting technical standards for sampling (Regulation 1075/1994 by the former Secretariat of Agriculture, Livestock and Fisheries). This approach strengthens traceability from the point of origin and links the product to the variety being used.

From a legal standpoint, the regulation is relevant for it assigns evidentiary value to varietal identity analyses. The use of recognized scientific methods, together with the involvement of authorized entities—such as arbitration chambers or other private entities with agreements with INASE—to obtain and analyze the collected samples, provides objectivity and robustness to potential administrative proceedings.

This public-private coordination, which allows private entities to participate under state supervision, both in receiving and analyzing samples, seeks to optimize technical and operational capacities, in line with the sector’s increasing technological complexity. This contributes to improving efficiency of the control system without neglecting the State’s guiding role, which will take any action deemed appropriate.

Likewise, the Resolution establishes a clear procedure for communicating analysis results to the variety rights holder, so that they may take the measures they deem appropriate, including filing the corresponding complaint within 60 calendar days as from the issuance of the analysis certificate. Results are also sent to the party who supplied the sample analyzed.

Finally, it should be noted that this protocol applies to varieties registered in either of the two relevant national registries: the Argentine Registry of Cultivars Ownership and the Argentine Registry of Cultivars.

To sum up, Joint Regulation 3/2026 represents a significant step forward in the effective implementation of Law 20247. By strengthening control mechanisms over the use of protected varieties, it not only provides greater legal certainty to breeders, but also encourages investment in innovation and development within the agro-industrial sector. Its proper implementation will be decisive to consolidate a modern, transparent oversight framework aligned with the current demands of the seed market.