Protection of plant varieties and biotechnological inventions: challenges for latin america

Plant Breeder's Rights constitute a sui generis intellectual property system for the protection of new, distinct, uniform, and stable plant varieties, as outlined in the tRIps Agreement and originating from the upOv Convention. From this Convention, four Acts have been developed (1961, 1972, 1978, and 1991) which establish the minimum parameters for the scope and exceptions to the Plant Breeder's Rights. The progress of modern plant breeding has led to the coexistence of Plant Breeder's Rights with the patent system to protect biotechnological inventions, resulting in legislative complexities that remain unresolved. Latin America, playing a significant role in seed production and biotechnological advances, displays diversity in the adoption of the 1978 and 1991 upOv Acts and different national approaches to protection that are a blend of both instruments. The absence of clear legislation on the coexistence of rights and limited regional integration in Latin America concerning the protection of plant varieties suggests the need for more unified and updated approaches, which consider technological advances and their implications for intellectual property rights in the plant breeding sector.