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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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