Draft Bill on Seeds and Plant Varieties Protection

The main changes introduced by the draft bill are the limitation of the “farmer’s exception” and the introduction of the concept “essentially derived variety” following the definition and scope set out in UPOV'91.

The draft bill provides that the farmer's exemption shall be limited to those farmers (a) who personally and exclusively work in their own field, (b) who reside in the farm or in the closest town, (c) whose main annual income, under normal conditions, is based on the exploitation of this field, and (d) who manage and administer the farm.

The Bill also allows the registration of “essentially derived varieties”, whereupon the breeder of an essentially derived variety shall obtain the prior authorization from the owner of an “original” plant variety.

For more information, please contact:

		Iván A. Poli
		Gloria Montaron Estrada