Plant Variety Application in Panama
The protection of plant varieties in Panama is provided under Law 23 of 1997. The applicable protection is based
on the International Convention for the Protection of New Varieties of Plants of 1978.
A protectable variety is
basically a plant grouping which meets the conditions of novelty, distinctness, homogeneity, stability and has a denomination.
The right on a plant variety is granted for a 20-year term from the date of registration. However, grapevines, forest trees,
fruit trees, ornamental trees, and their grafts, shall be protected for 25 years.
APPLICATION
Application must be made in compliance with the requirements of law (please
refer to our list of requirements). If the application is not accepted because of its botanical taxonomical denomination,
the application will be deemed as not filed.
Only applications in order and complete will be given a filing date.
FORMAL EXAMINATION
If, in the opinion of the IP Office, the
application lacks any formal requirement, they will grant a 30-calendar-day period from the date when the appropriate notice
is served, for completion. Failure to complete the application within this period will render the application invalid.
PUBLICATION (APPLICATION)
After publication, any person could
oppose the application. Objections may only be based on lack of novelty, distinctness, homogeneity, stability, or that the
applicant is not entitled to the protection.
SUBSTANTIVE EXAMINATION
Conducted
to verify that the variety complies with the appropriate requirements and that the applicant is entitles to apply for the
variety‘s rights.
TECHNICAL REPORT
Its purpose is to determine whether
the variety belongs to the indicated botanical taxon and that it is distinct, homogeneous and stable and has an appropriate
denomination. Although the applications are procured at the IP Office, the examination may be conducted by the Institute of
Agricultural Investigations of Panama or a private institution.
Please note that the cost of the fees charged
by the Institute of Agricultural Investigations of Panama or the appointed private institution are paid to the Institute or
the institution, as appropriate, and not to the IP Office, and their amount shall be calculated considering the materials
used and the extent of the services rendered. That is why these fees are not included in our fee estimate for plant variety
application.
The applicant shall supply all the information, documents or materials necessary
for the technical examination. Failure to do so may result in rejection.
PUBLICATION (TECH
REPORT)
If the application is successful in the technical examination, the IP Office shall
proceed to publish the technical report and also the rights granted on the variety.
ISSUANCE
OF CERTIFICATE
