Plant Variety Protection

The protection of plant varieties, known as Plant Breeders' Rights, constitutes a specific form of intellectual property that recognizes and protects the rights of those who create, discover and develop a new plant variety, granting them an exclusive right of exploitation over it.

In Argentina, this system is implemented through the granting of a title of ownership over the variety, and protection is available for developments relating to any plant species. The regime is aligned with international standards, facilitating regulatory harmonization and the recognition of rights in other jurisdictions.

The protection of a plant variety requires its registration with the corresponding authorities. The National Register of Cultivar Ownership (RNPC) is intended to recognize and safeguard the breeder's rights, while the National Register of Cultivars (RNC) is required to enable its commercialization. In this regard, both registers perform complementary functions within the protection system.

To obtain protection, the variety must meet certain technical and legal requirements. In particular, it must be distinct from known varieties, uniform in its characteristics, stable over time, and possess commercial novelty. It must also have an appropriate denomination that allows for clear identification and avoids confusion in the marketplace.

The procedure is conducted before the competent authority, which verifies both the formal aspects of the application and compliance with the required technical criteria. Among other factors, the origin of the variety, its distinctive characteristics and the suitability of the proposed denomination are assessed.

Once granted, the title confers upon the breeder the exclusive right to produce, reproduce and commercialize the protected variety, as well as to authorize its use by third parties. These rights remain in force provided that the applicable legal requirements are met, including the payment of the corresponding fees and the maintenance of the characteristics upon which the protection was granted.

International Protection

The protection of intangible assets often requires a strategy that extends beyond the local scope. In this regard, the Firm provides comprehensive advice on the protection and management of plant varieties abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their business objectives, the territorial scope of their activities and the specific characteristics of each market.