Plant Varieties

Paraguay is a member of the UPOV Convention. Vegetable varieties in Paraguay are registered with the Seed Department of the Ministry of Agriculture. Absolute novelty is necessary in terms of commercialization anywhere in the world and there is no new grace period.

  Since 1995, Paraguay has five registration systems for plant breeders to register seeds:

      
  • Seed Distributor Registration
  •   
  • Seed Producers Registry
  •   
  • National Registry of Seed Laboratories
  •   
  • National Registry of Protected Cultivated Areas
  •   
  • National Registry of Commercial Cultivated Areas

  Requirements:

      
  1. The new variety of plants must be DISTINGUISHABLE (when the plant clearly distinguishes others by one or more characteristics), have STABILITY (when the characteristics of the plant are immutable through consecutive generations), have HOMOGENEITY (when the plant is sufficiently uniform in their relevant characteristics), they have NOVELTY (the plant will not be considered new if it has been sold or delivered to a third party inside or outside Paraguay before its application) and NAME (must be unique).
  2.   
  3. An agronomist must sponsor the application, which must include the following:     
            
    • Names of the creators
    •       
    • Place where the plant was obtained (full name, address, telephone, fax, postal address)
    •       
    • Complete information about any assignment
    •       
    • species: common and botanical name of the plant
    •       
    • experimental, proposed and final name of the plant
    •       
    • origin of the plant (origin of the first registration granted, date and expiration date)
    •       
    • germ plasma that gave rise to the plant
    •       
    • method used for the creation of the plant
    •       
    • gender structure
    •       
    • description of the plant maintenance process (method, name of the person responsible, place / institution, place)
    •       
    • Has the plant been offered or marketed inside or outside Paraguay? (if yes, when and under what name)
    •       
    • the plant has been genetically modified (if so, a copy of the authorization form must be attached to the Biosafety Commission)
    •       
    • place where the sample is alive (under oath)
    •       
    • signature of the legal representative and an agronomist
    •     
         
  4. The following documents must be attached to the application:   
            
    • Power of the applicant or written authorization
    •       
    • Description of the new variety
    •       
    • Assignment (if any)
    •       
    • Registration certificate
    •     
      

  Observations:

      
  1. The process to obtain a new variety of plant registration in Paraguay takes approximately two months.
  2.   
  3. The term of protection is 15 years for agricultural species and 18 years for trees and vineyards, counting from the date of concession.
  4.   
  5. Annuities must be paid.

Address: Prof. Enciso No. 2003 c/Capitán Montanaro. Asunción, Paraguay.
Telephones: (+ 595 21) 285 003 – (+ 595 21) 285 004
E-mail: law@fersa.com.py
P.O. BOX 13020 (Shopping del Sol).

Copyright 2019 – FERSA