What is protectable as a plant variety?

cropped logo icono

A group of plants provided with specific characteristics that differentiate them from the other plants, as long as they are new, distinct, uniform and stable.

– A plant variety is new if it has not been lawfully sold or made available to third parties in other manners by or with the consent of the breeder or his successor for commercial exploitation purposes (Article 8 of Decision 345 of the Andean Community).
– A plant variety is distinct if it is clearly distinguishable from any other variety whose existence is already known at the filing date of the application or the date of any priority that has been claimed.
– A plant variety is uniform if it maintains its relevant and particular characteristics independently the manner of its reproduction, multiplication or propagation.
– A plant variety is stable if its essential characteristics remain unchanged from generation to generation and at the end of each particular cycle of reproduction, multiplication or propagation.