Intellectual property

Our varieties of roses are protected through the Intellectual Property Regime known as Plant Breeder’s Rights through which the varieties obtained are legally protected. This regime originated in Colombia with the issuance of a Community standard, that is, Decision 345 of 1993 of the Commission of the Cartagena Agreement – Today, Commission of the Andean Community – which established the “Common Regime for the Protection of Rights of Breeders of Plant Varieties”.

By means of an internal rule, Decree 533 of 1994, Colombia regulated the common system provided for in Decision 345 of 1993, with emphasis on the designation of the Colombian Agricultural Institute ICA as Competent National Authority (Article 2), the creation of the National Protected Plant Variety Registry (Article 3), the establishment of the terms of protection now modified- (art.7),   the extension of the breeder’s right to the varieties essentially derived from the protected varieties, unless the latter is in turn derived essentially from the protected varieties (Article 8), and the consecration of a reference for the defense of the rights of breeder of vegetal varieties, to the actions of protection of the rights of industrial property (art.15).

Subsequently, by virtue of lower internal provisions, ICA, through Resolution 1974 of 1994, distributed and organized its work and competences within the institute complementing the set of administrative provisions through the issuance of Resolution 1893 of 1995 with which laid down the rules relating to the registration procedure.

At the same time, Law 243 of 28 December 1995 approves the “INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS -UPOV” of 2 December 1961, revised in Geneva on 10 November 1972 and 23 October 1978.

The scope of plant breeders’ right consists of the powers of the breeder of a variety to prevent unauthorized third parties from performing certain acts in respect of the protected intangible good, that is to say, on the variety, in accordance with the provisions of Article 5 of the 1978 UPOV Convention, Article 24 of Decision 345 of 1993 and Article 8 of Decree 533 of 1994.

As a result of the foregoing, the acts of cultivation/plant growing and exploitation of our plant varieties is authorized through the subscription of License Agreements by means of which the breeder grants the grower the right to cultivate the plants of the rose varieties detailed in each one of the contracts signed and in an established number and quantity.