For the purposes of this Law, the following terms shall be defined:
Plant breeder's right certificate (Título de obtención vegetal): certificate granted to the breeder of a plant variety, based on which their rights are conferred in accordance with the provisions of this Law.
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.
To develop (Desarrollar): use of genetic improvement techniques to obtain a new plant variety.
Material (Material): material shall be understood, in relation to a variety, as the following:
- a)Reproductive or vegetative propagation material, in any form.
- b)The harvested product, including whole plants and parts of plants.
Breeder (Obtentor): individual or legal entity that has developed or discovered and developed a new variety.
Ofinase (Ofinase): National Seed Office (Oficina Nacional de Semillas).
Seed (Semilla): 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 or cultivar (Variedad o cultivar): a group of plants of a single botanical taxon of the lowest known rank which, regardless of whether it fully meets the conditions for the granting of a breeder's right, can be defined by the expression of the characteristics resulting from a genotype or a combination of genotypes; distinguished from any other group of plants by the expression of at least one of said characteristics; and considered as a unit, given its suitability to propagate without alteration.
Essentially derived variety (Variedad esencialmente derivada): a variety that is mainly derived from an initial variety, or from a variety that is itself mainly derived from an initial variety, while retaining the expressions of the essential characteristics that result from the genotype or the combination of genotypes of the initial variety; it is clearly distinguishable from the initial variety and, except for the differences resulting from the derivation, conforms to the initial variety in the genotypes of the initial variety. They may be obtained, by the selection of a natural or induced mutant, a somaclonal variant, the selection of a variant individual among the plants of the initial variety, backcrosses, or transformations by genetic engineering, among others.
Notoriously known variety (Variedad notoriamente conocida): in particular, it 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 in a reference collection or a germplasm bank.
- c)It has been or is in the process of being commercialized.
- d)It was the subject of a precise description published nationally or internationally.
- e)It is protected by sui generis community intellectual rights, whether these rights have been registered or not, in accordance with the provisions of Articles 82 and 84 of the Biodiversity Law, No. 7788, provided that the variety is sufficiently described and it is possible to verify its existence.
Protected variety (Variedad protegida): a variety that is registered in the Register of Protected Varieties.
ORGANIZATION AND PROCEDURES