For the purposes of this Law, the following shall be understood as:
Plant variety protection certificate (Certificado de obtención varietal): Title granted to the breeder (obtentor) of a plant variety, on the basis of which the corresponding rights are conferred.
Discovered and developed (Descubierto y puesto a punto): Process that includes the observation of a natural variation of a plant species; its identification, isolation, selection, reproduction or multiplication, characterization, and evaluation. The mere finding shall not be included in the previous definition.
Develop: Use of genetic improvement techniques to obtain a new plant variety.
Material: "Material" shall be understood, in relation to a variety, as:
- a)The material of reproduction or vegetative multiplication, in any form; b) The product of the harvest, including whole plants and parts of plants.
Breeder (Obtentor): Natural or legal person, national or foreign, who has developed or discovered and developed a new variety.
Seed: Any plant structure for reproduction, multiplication, or propagation intended for the sowing or planting of a plant variety. Included within this definition are sexual and asexual seed, nursery plants, and multiplication or propagation material produced through biotechnological techniques.
Variety: A set of plants of a single botanical taxon of the lowest known rank that can be defined by the expression of the characteristics resulting from a genotype or a combination of genotypes, that can be distinguished from any other set of plants by the expression of at least one of said characteristics and that can be considered as a unit, given its suitability for propagating without alteration.
Essentially derived variety (Variedad esencialmente derivada): A variety that is obtained from a derivation work starting from an initial variety, conserving the expression of the essential characteristics resulting from the genotype or the combination of genotypes of the initial variety; it is clearly distinguished from the latter, solely by the differences resulting from the derivation. They may be obtained by selection of a natural or induced mutant, a somaclonal variant, selection of a variant individual among the plants of the initial variety, backcrosses, or transformations through genetic engineering, among others.
Notoriously known variety (Variedad notoriamente conocida): A variety that, in particular, is considered notoriously known if:
- a)It is registered or in the process of registration in a register of commercial or protected varieties, if this leads to the granting of the right or the registration of the variety in the corresponding register.
- b)It is found in a reference collection or in a germplasm bank (banco de germoplasma).
- c)It has been or is in the process of commercialization.
- d)It was the subject of a precise description published nationally or internationally.
Protected variety (Variedad protegida): That which is registered in the register of protected varieties.
Organization and Procedures