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Plant variety protection certificate in Peru
The Plant variety protection certificate in Peru is granted to a natural or an artificial person who has developed or obtained a new plant variety; this right is applied to all varieties of cultivable plants provided that its cultivation, possession or utilization are not banned for reasons of human, animal or vegetal health.
Estudio Delion promotes the protection of laudable discoveries and scientific works that allow scientists to obtain new plant varieties, preventing and stopping third parties from carrying out without the permission of its grower the reproduction, multiplication or propagation, as well as the exportation or importation of the protected variety.
Plant variety protection services
- Registration of a Plant variety, including preparing, filing and prosecution.
- Assignment of a Plant Breeder’s Right.
- License of a Plant Breeder’s Right.
- Integral Consultancy.
I. Identification data, address and Powers :
a) Common or scientific name of the variety.
b) Identification of the proposed generic appellation.
c) Breeder’s name and nationality.
d) In case the applicant is different from the breeder, indication of how the variety was assigned.
e) Indication of place and country where the object plant variety was obtained.
f) Indication of previously filed applications in other countries, referred to the same variety to which is requested the protection, if any, stating:
Application filing date and country of the plant variety.
Status of application.
Breeder’s appellation or reference.
g) Indication of any recording before the plant varieties registry in which trading is authorized by the competent authority, if any.
h) Express indication of the claim of priority, if any.
i) Indication of the data about the trade of the variety.
j) Responsible institution in charge of the technical exam. Including address, if any.
k) Affidavit stating the plant variety to be protected fulfills the requirements stated in Article 7 of the Decision 345 of the Andean Community Commission.
l) Copy of the document showing the legal procedure of the genetic resources issued by the competent national authority of genetic resources.
m) Copy of the assignment document granted by the breeders showing the assignee’s signature duly notarized or legalized by the Peruvian Consul, according to the case.
n) The resolution of the trademark registration if the proposed generic appellation has been registered on behalf of the applicant as a trademark or service mark covering identical or similar products or services in any of the member countries of the Andean Community.
o) Copy of the document showing the method of obtaining the new plant variety.
p) Applicant’s declaration showing if the variety to be protected is a genetically modified organism.
q) Administrative resolution, authorizing activities with live organisms modified, issued by the competent authorities according to the administrative regulation of the Law of Prevention of Risks derived from the Use of Biotechnology, in case the variety to be protected is a genetically modified organism.
r) Certificate of Cultivation issued by the National Service of Agrarian Health-SENASA; or foreign document, duly legalized, issued by the competent national authority from the place where the commercialization of the variety is authorized to be protected.
s) Live sample of the variety plant to be protected or document proving its deposit in the breeder’s field or before a competent national authority of any other member country or before a national or foreign scientific institution.
II. Technical questionnaire in printed form:
- Information regarding genetic origin.
- Maintaining and reproduction or multiplication of the variety.
- Variety characters.
- Similar varieties and differences regarding these varieties.
- Additional information that helps to distinguish the variety.
III. For claiming the priority :
Certified copy of the first application issued by the competent authority of the country where this was filed within the three (3) months from the filing date of the application.