Breeder’s Right: Protection of New Varieties of Plants (Convention UPOV)
Most Latin American countries have adhered to the International Convention for the Protection of New Varieties of Plants (Convention UPOV) as the system of new plant variety protection.
At Moeller, we provide consultancy services on the scope of the Convention in the region. We offer legal representation and dossier application, as well as protection request full management.
In order to obtain protection, the breeder needs to file individual application with the authorities of UPOV members entrusted with the task of granting breeders’ right. Under the UPOV Convention, the breeder’s right is only granted where the variety is (i) new, (ii) distinct, (iii) uniform, (iv) stable and has a suitable denomination. The breeder would provide these agronomic information and Moeller would manage the application form with the national authorities.
Furthermore, we also do follow up of the obligations execution that arise from the plant breeder’s right in case of infractions.
- Areas of practice