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Monsanto and Intellectual Property in South AmericaParaguay: The Dependent Model

Monsanto and Intellectual Property in South America: Paraguay: The Dependent Model [Like Brazil, Paraguay did not have legislation for protection of private IP rights on seeds until the 1990s. The Law of Seeds and Protection of Cultivars was enacted in 1994 to establish protection for IP rights on plant varieties in the form of plant breeder’s rights. Like Argentina and Brazil, Paraguay is a signatory of UPOV 1978 and its legislation on plant breeder’s rights recognizes the three exceptions also found in Argentine and Brazilian law: the right of rural producers to save seeds;the right of plant breeders to use existing protected varieties to develop new ones without consent from the original cultivar owner;the right of the state to declare the restricted public use of certain varieties in cases of national interest.1] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Monsanto and Intellectual Property in South AmericaParaguay: The Dependent Model

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Publisher
Palgrave Macmillan UK
Copyright
© Palgrave Macmillan, a division of Macmillan Publishers Limited 2014
ISBN
978-1-349-47058-7
Pages
109 –134
DOI
10.1057/9781137356697_4
Publisher site
See Chapter on Publisher Site

Abstract

[Like Brazil, Paraguay did not have legislation for protection of private IP rights on seeds until the 1990s. The Law of Seeds and Protection of Cultivars was enacted in 1994 to establish protection for IP rights on plant varieties in the form of plant breeder’s rights. Like Argentina and Brazil, Paraguay is a signatory of UPOV 1978 and its legislation on plant breeder’s rights recognizes the three exceptions also found in Argentine and Brazilian law: the right of rural producers to save seeds;the right of plant breeders to use existing protected varieties to develop new ones without consent from the original cultivar owner;the right of the state to declare the restricted public use of certain varieties in cases of national interest.1]

Published: Nov 7, 2015

Keywords: Intellectual Property; Dependent Model; Seed Company; Seed Technology; Royalty Payment

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