Enforcement of Plant Variety Rights

It has often come to notice that breeders frequently face problems when they try to enforce their community and national plant variety rights. This is because they lack a sufficient knowledge about the applicable legislation among the prosecutors, lawyers, judges and the breeders. The Community Plant Variety Office, because of this reason has decided to hold seminars on the enforcement if Plant Variety Rights in close association with the breeders association. The seminars are generally meant for the breeders, growers and propagators, lawyers, seed producers, judges, etc.

It is a well known fact that biotechnology has made vital contributions to the development of the agriculture and industry, medicines, etc. There has been improvement in natural substances as well as human manufactured materials. The plant variety protection systems as well as the appetent rights has helped in the innovations and their also have secured their privacy. These rights encourage more and more creation of creative ideas and innovations.

The agro industry in South America is developing at a rapid pace especially in Mexico and Columbia. This has been because of the favourable weather conditions, country’s fauna and flora and the connectivity to the world market. Statistics have shown that Mexico alone has exported 7.2% of the total exports in the year 2015. It has become the largest food producer of the world.

The huge plant variety in Mexico has given rise to several patent and plant variety rights. This has as a result given rise to many innovations. Each and every innovation is secured with a patent right. The plant variety rights protect the discovery of a new plant variety or a new reproductive material. They forbid the exposure of the enhanced cells, plant components, etc to the outer world.

The plant variety in Columbia is different from that of Mexico. It may differ in its jurisdictions. This generally happens because the process of plant cultivation differs from one place to another. Some might be commercialised while others may just cultivate in small plots of lands. Thus it is very important to develop separate strategies for plant innovations.

Breeders are facing problems while enforcing rights for plant variety in South America. To make people aware of this, ministries have often taken efforts in the enforcement procedures. The ministries are responsible for granting as well as prosecuting plant variety rights. They also have enforced rules and regulation on plant breeders. The federal courts are mostly responsible for this jurisdiction. In the recent years, Mexico has extended the protection rights to all the plant varieties, be it of any species or genera. The Plant Variety Law grants the breeders the authority to exploit any plant variety for reproduction, production, production of other plant varieties (hybrids) and also for distribution and marketing purposes.

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