New Plant Varieties
Legal Basis
– Same as for “Patents of Invention“.
Membership in International Conventions
– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act, since August 8, 1997.
– Decision 345 (Common Regulations for the Protection of the Possessors of Vegetable Varieties) of the Cartagena Agreement, published in the Official Register No. 327 of November 30, 1993.
– Substitute Rules to the Regulations of Decision 345 of the Cartagena Agreement, published in the Official Register No. 925 of April 15, 1996.
– Decision 486 of the Cartagena Agreement, in effect since December 1, 2000.
Protection
A certificate for obtaining a new plant variety in the Andean region can be granted to the breeder.
Standards for protection: novelty, distinctiveness, uniformity and stability.
Novelty: if the plant variety has not been previously sold or delivered to any third party, for the purpose of commercial exploitation of the variety.
Distinctiveness: it must contain an element that is distinct from any previously registered plant variety.
Uniformity: it must be sufficiently uniform in its essential characteristics, taking into consideration the possible variations in its forms due to reproduction, multiplication or propagation.
Stability: essential characteristics must be stable from generation to generation, at the end of each particular cycle of reproduction, multiplication or propagation.
Origin: the Ecuadorian system for protection of new plant varieties, is a composite of laws and regulations found in the “Union pour la Protection des Obtentions Végétales” (UPOV) and the “European Patent Convention” (EPC).