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Intellectual Property :: 


PROTECTION OF THE PLANT VARIETIES

By means of Law 23 of 1997, Panama has established rules for the protection of the plants obtainments, based on the system of the International Convention for the Protection of New Varieties of Plants of 1978.

 

What is a variety?

Is a grouping of plants of one only botanical taxonomic of the lowest class known, which regardless of the fact that it applies or not for an Obtainer’s certificate, can:

Be defined by the expression of the resulting characters of a certain genotype or of a certain combination of genotypes;

Distinguish any other group of plants by at least the expression of one of said characters;

To consider as one unit, for its ability to spread without alteration.

 

Registrability requirements for plant varieties

The variety must fulfill the following requirements: being new, different, homogeneous and stable.

 

Term of protection

The breeders’right is granted for a period of 20 years, counted as of the date of registration of the title of protection granted. For the trees, forest trees, fruit trees and the ornamental trees, including, in each case, of its graft-holders, the protection will have a duration period of 25 years.

 

Filing requirements

The necessary documents to proceed with the filing are:

A Power of attorney with Assignment signed by the obtainers and applicants notarized by a Notary Public and duly authenticated by an Apostille or by the Consulate of the Republic of Panama.

If the Applicant is a legal person or entity, a document issued by the proper governmental authorities (Register of Companies) in the country or state of origin of the applicant, certifying the legal existence (Certificate of Good Standing) of the applicant. This document must be duly legalized by a Consul of Panama or by the seal of the Apostille, if appropriate.

The application must include the botanical taxonomic (name in Latin or common name).

The proposed name for the variety, a provisional designation.

If a priority is claimed, indicate the Member State of the International Agreement for the Protection of Plant Obtainments where the application was filed and the fiing date. This document must be attached to the Spanish translation, if pertinent. No legalization is required. It can be presented within the three months, counted from the date of filing of the application in Panama.

Technical questionnaire published in the official bulletin of the Industrial Property Registry for the pertinent type or species, guaranteed by a capable professional, acknowledged by the technical board.

The technical description of the variety must be presented in a separate text, an original and three copies in the Spanish language. The documentation must include the translation by an authorized public translator when the documents are in another language. These must also include a consular certification in the country of origin and its legalization.

The applicant must present the material to be registered in the amount that is determined and the date and location that are set at the moment that the technical test is carried out by the entity that performs it.

 

Payment and extinguishment of the Breeders’ right

The breeder must pay a fee every five years during the whole period of protection, which will be determined in accordance with the Law 35 of 1996. The first payment will be paid at the moment of filing the application, and the following payments each quinquennial, counting it from the filing date of the application. The payment can be done at any moment before the expiration of the respective quinquennial. It will be understood that the grantee has waived his breeders’right and it will expire as a matter of law when after six months, counting from the date in which the payment of some of the fees referred in this article should have been done, the said payment hasn’t been effectively done.

 

Chart of the registration procedure of plant varieties

 

GOVERNMENTAL FEES FOR THE PROTECTION
OF PLANT VARIETIES

 

 
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