Official Journal of the Federation October 25, 1996
Last reform published DOF 09 April 2012
ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE MEXICAN UNITED STATES CONGRESS, D E C R E T A:
FEDERAL LAW ON PLANT VARIETIES
Article 1o.- This Law is intended to lay down the basis and procedures for the protection of the rights of breeders of plant varieties. Its application and interpretation, for administrative purposes, will be the responsibility of the Federal Executive through the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food.
Article 2o.- For the purposes of this law:
I.- Relevant characters: Phenotypic and genotypic expressions the plant variety, which allow their identification;
II.- Committee: The Vegetable Variety Qualifier Committee;
III.- Propagating material: Any sexual or asexual reproductive material that may be used for the production or multiplication of a variety plant, including seed for sowing and any whole plant or part thereof from which it is possible to obtain whole plants or seeds;
IV.- Obtentor: A physical or moral person who through an improvement process has obtained and developed a plant variety of any kind and gender;
V.- Improvement Process: Technique or set of techniques and procedures that allow you to develop a plant variety and make possible your protection by being new, distinct, stable and homogeneous;
VI.- Registration: The National Register of Plant Variety as referred to in Article 33 of this Act;
VII.-Secretariat; Agriculture, Livestock, Rural Development, Fisheries and Food Secretariat.
VIII.- The breeder's title: Document issued by the Secretariat in which the right of the breeder of a new, distinct, plant variety is recognized and protected. stable and homogeneous, and
IX.- Plant Variety: Subdivision of a species that includes a group of individuals with similar characteristics and that is considered stable and homogeneous.
Article 3o.- The Secretariat will have the following attributions:
I.- Encourage and promote activities related to the protection of the rights of the breeder, in which the various agencies and entities of the Federal Public Administration, federal entities and municipalities, as well as the social and private sectors;
II.- To process applications for the protection of the rights of the breeder and to resolve, after the Committee's opinion, on the issue of the title of breeder, in the terms of this law and its regulation;
III.- Exorder emergency licenses in cases that are flagged in this law;
IV.- Exorder the guidelines according to which the administrative errors of the recorded data and documents issued by the Secretariat are corrected;
V.- Spread protected protection applications and plant varieties, in terms and with the periodicity indicated by the regulation of this law;
VI.- Exorder the applicable Mexican official standards and verify compliance;
VII.- Act as an arbitrator in the resolution of disputes that are submitted to you by the parties involved in the payment of damages arising from the violation of the rights under this law, as well as in all cases related to alleged irregularities relating to the matter of this law and which are not foreseen in the law or in its regulations;
VIII.- Resolve administrative resources regarding the application of this law;
IX.- Order and practice verification visits; require information and data; conduct investigations of suspected administrative violations; order and implement measures to prevent or stop the violation of the rights that this law protects and to impose administrative sanctions in accordance with the provisions of these laws;
X.- Promote international cooperation through the exchange of experiences with institutions from other countries in charge of registration and protection of the rights of the breeder, including training and professional training of staff, the transfer of work and organization methodology, the exchange of publications and the updating of documents and databases in the material, as well as, carry a catalogue of foreign researchers;
XI.- Protect the Biodiversity of plant varieties that are in the public domain, and that communities will have the right to exploit them rationally as traditionally they are doing so; the right to express themselves clearly in the regulation of this law, and
XII.- The other attributions that confer this or other order.
PROTECTION OF THE RIGHTS OF THE BREEDER OF PLANT VARIETIES
OF THE RIGHTS AND OBLIGATIONS OF THE BREEDER
Article 4o.- The rights that this law grants to plant variety breeders are as follows:
I.- Being recognized as a breeder of a plant variety. This right is inalienable and imprinted, and
II.- Leverage and exploit, exclusively and in a temporary manner, by itself or by third parties with their consent, a plant variety and its propagation material, for their production, reproduction, distribution or sale, as well as for the production of other plant and hybrid varieties for commercial purposes. These rights will have a duration of:
a) Eighteen years for perennial (forest, fruit, vines, ornamental) species and their rootstock, and
b) Fifteen years for species not included in the preceding paragraph.
These deadlines will be counted from the date of issue of the title of breeder and, once after, the plant variety, its exploitation and exploitation, will pass to the public domain.
Article 5o.- The consent of the breeder of a plant variety is not required for use:
I.- As a source or research input for the genetic improvement of other plant varieties;
II.- In the multiplication of propagation material, as long as it is for its own use as a grain for consumption or sowing, according to the regulation of this law and the official Mexican rules established by the Secretariat, or
III.- For human or animal consumption, which benefits exclusively for the harvest.
Article 6o.- The breeder may waive the rights conferred on him by the II fraction of Article 4. of this law. The waiver must be entered in writing and must be entered in the Register for validity. It will be irrevocable and the exploitation and exploitation of the plant variety and its propagation material will become part of the public domain.
Article 7o.- The title of the breeder of a plant variety shall be granted, provided that this is:
I.- New. The plant variety or its propagation material shall have this characteristic when:
a) They have not been disposed of in national territory, or have been disposed of within the year preceding the date of submission of the application for the title of breeder, and
b) They have not been disposed of abroad, or the disposal has been carried out within six years prior to the filing of the application, in the case of of perennials (vines, foresters, orchards and ornamental plants), including their rootstock, and within four years prior to the submission of the application, for the rest of the species.
For the purposes of points (a) and (b) above, account shall not be taken of those enajenations which, where appropriate, would have been carried out without the consent of the breeder. of the plant variety intended to be protected;
II.- Distinct. This characteristic shall have the plant variety which is technically and clearly distinguished by one or more relevant characters of any other variety, the existence of which is known at the time of application for protection. Such characters shall be accurately recognised and described. The regulation will point out the various references to determine whether or not a variety is known;
III.- Stable. This characteristic shall have the plant variety which preserves its relevant characters after successive reproductions or propagations, and
IV.- Homogeneous. This characteristic shall have the plant variety which is sufficiently uniform in its relevant characters, subject to the foreseeable variation in its sexuated reproduction or vegetative propagation.
OF THE APPLICATION AND GRANTING OF THE TITLE OF THE BREEDER
Article 8o.- The Secretariat will receive and process applications for the issuance of the breeder's titles. For this purpose, it may require that the plant variety or its propagating material be delivered to the quantities it deems appropriate and, where appropriate, the additional documents and information it deems necessary to verify compliance with the requirements of this Article. with the legal, regulatory and official Mexican standards.
The applications will be without effect of not meeting the applicant with the requirements that would have been formulated within three months of the notification of such requirements.
Article 9o.- In the application for the title of the breeder a denomination of the variety, which to be approved, must be different to any other existing in the country or abroad, comply with the other requirements set out in the regulation of this law, and not be identical or similar in degree of confusion to a previously protected under the Industrial Property Law. The pedigree and origin of the plant variety shall be specified in the application.
If the proposed name does not meet the above requirements, the Secretariat will reject it and require the applicant to propose another one within a period of time. 30 calendar days.
Article 10.- The right of priority shall be granted to the applicant for the title of the breeder who has previously made the same application abroad in countries with which Mexico has or will have agreements or treaties in this field.
The priority will be that you will be able to recognize as a filing date the one in which you would have done so in another country, as long as twelve have not passed. months.
Article 11.- To recognize the priority referred to in the previous article, the following requirements must be met:
I.- That when applying for the title of the breeder, the priority is claimed and the country of origin and the filing date of the application in that country are stated;
II.- That the application filed in Mexico does not seek to grant additional rights to those arising from the application filed abroad, and
III.- That within three months of the filing of the application, compliance with the requirements of international treaties, this law and its rules.
Article 12.- The verification of compliance with the requirements outlined in Articles 7o. and 9o. of this law will be in charge of the Committee, based on what is established by the respective regulations and the corresponding Mexican official rules.
Once all the requirements have been met, the Secretariat shall issue the title of breeder, which shall recognise and protect the rights referred to in Article 4. of this law.
Article 13.- When a plant variety is obtained and developed, by two or more natural or moral persons together, they shall specify in the application the participation that corresponds to each and appoint a common representative.
If the common representative is not expressly designated, it will be as such the first to be named in the request.
Article 14.- When the requirements for novelty, naming and formal filling of the application are met, the Secretariat will issue, within one hundred and twenty days natural following the filing of the application, a presentation record as long as the title of the breeder is granted.
The holder of this constancy is presumed to be the breeder of the plant variety.
Who takes advantage of or exploits a plant variety or its propagation material, from the date of issue of the presentation record and until the granting of the title of the corresponding breeder, without the consent of the person who appears to be the breeder, shall be liable for the damages and damages that originate from the latter. The breeder may, from the beginning of the validity of his title, require such damages.
Article 15.- During the period of validity of the title of breeder, the Secretariat shall be empowered to compare the relevant characters of the plant variety, with the relevant relevant characters taken into account at the time of granting the title of breeder. The breeder shall have the obligation to provide the propagation material and information requested by the Secretariat, as well as to allow the practice of verification visits.
For the purposes of the above, the Secretariat may, if necessary, request the intervention of the Committee.
Article 16.- In order to maintain the validity of the title of the breeder, the breeder or, if any, the causative, must pay the rights that the Federal Law of Rights.
Article 17.- The presentation record and the title of the breeder shall be without effect at the expiration of its validity. The constancy shall expire when the person concerned does not pick it up within the following 12 months from the date on which he is notified of his dispatch.
Article 18.- Issued the title of breeder, the denomination will be firm and unalterable, even if the term of the same and the plant variety expires to the public domain.
Everyone who uses or takes advantage of the plant variety for any purpose will be obliged to use and respect the approved denomination.
The approved denomination, when used in conjunction with a trademark, trade name or other indication, must be easily recognizable and distinguishable, indicating the genealogy and the origin of the variety.
OF THE RIGHT TRANSMISSION
Article 19.- The rights conferred by the title of breeder, with the exception of the right referred to in Article 4 (1). of this law, may be taxed and transmitted in whole or in part, by any legal title, to the public servant.
Article 20.- In the case of the transmission of the rights referred to in Article 4 (II). of this law, the beneficiary, transferee or cause of such rights shall be obliged to provide the Secretariat:
I.- Your name, nationality, and address;
II.- A copy of the document stating the transmission of the rights and including all obligations and rights arising from the transmission, and
III.- A document where the obligation to maintain the relevant characters of the plant variety or its propagation material is assumed in case it is market and operate.
Article 21.- In the event of a total transmission, the beneficiary, transferee or causative will assume all obligations and rights deriving from the title of breeder, with the exception of the right referred to in Article 4 (1). of this law.
Article 22.- Rights transmissions do not exclude the possibility of such rights being granted to others or to be exploited by the breeder by himself, except stipulation to the contrary.
The registration of the rights transfers shall proceed when the requirements referred to in Article 20 of this Law are met.
Article 23.- The beneficiary, transferee or causative may exercise legal actions to protect the rights of the breeder as if it were the holder, unless otherwise agreed.
Article 24.- The person who receives labelled material, whether from a plant variety or from its propagation material, where it is clearly stated and specify the restrictions for their use, shall be responsible for the use or use made in a manner other than that specified on the label.
OF THE EMERGENCY LICENSES
Article 25.- For the purposes of this law, it is understood that there are emergency circumstances, when the exploitation of a plant variety is considered indispensable. to meet the basic needs of a sector of the population and there is a deficiency in supply or supply.
Where the plant variety has not been exploited within three years from the date of issue of the title of breeder, it shall be carried out as if is emergency.
Article 26.- In case of emergency, the Secretariat shall proceed in the following terms:
I.- You shall inform the holder of the plant variety or persons authorised by him of the emergency situation and the need to dispose of the plant variety in sufficient quantities to be provided by the Secretariat for the emergency. If they show an interest in covering the emergency, they must be obliged to cover it in the terms established by the Secretariat;
II.- In the event that the holder of the plant variety or his successors are not likely to have any possibility or interest in doing so, the Secretariat shall, by means of public tender, to third parties having an interest in doing so;
III.- The right to cover the emergency shall be granted by a license, by a specified period, prior to the fulfilment of the requirements that the Secretariat points out in the calls between which the payment of a compensation by the licensee and in favour of the holder of the plant variety or its causative shall be provided for; and
IV.- At the end of the period for which the emergency license was granted, the plant variety holder shall fully recover his or her rights.
Article 27.- The holder of the plant variety on which an emergency license is granted shall have the obligation to provide the licensee with the material of propagation. In no case may it make use of the variety or propagation material for a different purpose than the emergency.
Article 28.- In situations where, due to the severity and magnitude of the emergency, a single licensee is unable to deal with it, the Secretariat may extend the license to two or more stakeholders so that they simultaneously perform what is necessary to cover it.
OF THE PLANT VARIETY QUALIFIER COMMITTEE
Article 29.- The Committee will be integrated with the following proprietary members:
I.- The President, the Technical Secretary and three other representatives, appointed by the Secretariat;
II.- A representative of the Mexican Institute of Industrial Property;
III.- A representative of the Environment and Natural Resources Secretariat and;
IV.- A representative of the national public agricultural research institutions.
The Committee will have a secretary of minutes, with a voice but no vote, appointed by the president. For each owner, their respective alternate shall be appointed.
The position of a member or alternate member of the Committee shall be strictly personal and shall not be carried out by representatives.
Article 30.- The functions of the Committee will be as follows:
I.- Dictate the provenance of the breeder title requests and their enrollment in the Registry;
II.- Establish procedures for performing and evaluating field or laboratory technical tests;
III.- Give your opinion for the formulation of official Mexican standards, relating to the characterization and evaluation of plant varieties for the purpose of description, and
IV.- The others that point to the regulation of this law.
Article 31.- The Committee shall meet at least four times a year, or when it has two or more matters to be dealt with, and may be held as many times as convened by the Committee. President. Resolutions shall be taken by the votes of two-thirds of the members present.
Article 32.- To assist in its functions, the Committee may set up technical support groups composed of specialists in each genus or species. Producers of each genus or species may appoint a representative representative to integrate these support groups, according to the respective regulations.
OF THE NATIONAL REGISTER OF PLANT VARIETIES
Article 33.- The Secretariat shall establish a Register which shall be public and in which it shall be registered, at least:
I.- The application to issue the breeder title;
II.- The presentation constancy;
III.- The title of the breeder, stating:
a) The protected plant variety;
b) The species to which you belong;
c) Your name, vulgar or common and scientific, and any approved changes to the latter;
d) The name and address of the holder or holders or successors in the plant variety, as well as the name, address and personality, if any, of their legal representative, and
e) The validity and other data of the issued breeder title;
IV.- The waiver of the rights conferred by part II of Article 4. of this law;
V.- The transmissions and charges which, if any, are made of the rights referred to in Article 4 (2). of this law;
VI.- The issuance of emergency licenses referred to in this law;
VII.- The end of the filing record or the title of the breeder, either by expiration or by the expiration of the respective deadline, as well as the preventive registration of the procedures for the nullity and revocation of an breeder's title and its final decision, and
VIII.- The declaratory in which plant varieties are established to have passed into the public domain.
Article 34.- The cancellation of an enrollment in the registry will proceed in any of the following cases:
I.- Dealing with rights transmissions, when they are jointly requested by the breeder and the person to whom the respective right has been transmitted;
II.- For nullity, expiration, or revocation;
III.- By court order, and
IV.- In other cases that are provided in this law and in other legal orders.
Article 35.- For purposes against third parties, both the breeder titles and the rights transfer must be entered in the Register.
Article 36.- The Secretariat shall ensure access to the information contained in the Register's inscriptions.
Article 37.- The Secretariat shall publish, in the Official Journal of the Federation and in the media it deems appropriate, the entries in the registration, applications for the title of breeder and any information that you consider to be of interest in the subject of the Present Law.
Article 38.- The administrative procedures for the nullity, revocation and imposition of sanctions that this law establishes, will be substantial and will resolve with attachment to this law and, in the absence of provisions, in the Federal Law of Administrative Procedure.
Article 39.- If the requirements set out in Article 7o are checked. of this law were not met at the time of the granting of the title of breeder, the Secretariat shall declare the nullity of that title, after substantiation of the respective procedure.
Any person may make the knowledge of the Secretariat the existence of facts that may result in the nullity of a title of breeder.
Article 40.- The Secretariat may revoke, upon substantial of the respective procedure, a title of breeder at any time by any of the Following circumstances:
I.- When for two years the rights referred to in Article 16 of this law are not covered;
II.- When checking that the relevant characters of the plant variety have been altered;
III.- When the holder does not submit to the Secretariat the propagation material that allows to obtain the plant variety with its relevant characters, such as have been defined when the title of breeder was granted, six months after the date on which it was required, and
IV.- When it is established that the plant variety has ceased to comply with the requirements laid down in Article 7 (III) and (IV). of this law.
Article 41.- In the administrative procedures of nullity, revocation and imposition of sanctions, the counterparty or the possible injured party shall be notified which, within 30 working days from the date of notification, has written in writing what is appropriate to it.
Article 42.- In administrative procedures for the imposition of penalties for violations established by this law, the Secretariat may also adopt, the following provisional measures:
I.- Order the removal of the circulation or prevent it, with respect to plant varieties or propagating material, with which the tutored rights are infringed by this law;
II.- Order to remove objects, packaging, packaging, packaging, stationery, advertising material and the like from the circulation, with which no objects are of the rights protected by this law;
III.- Securing the goods subject to the violation of the rights that this law protects, and
IV.- To order the alleged offender to suspend or cease acts that constitute a violation of the provisions of this law.
If any of these measures have been applied, the party concerned and the parties concerned shall be notified of this, and this is the case in the minutes of the effect is lifted.
If the plant variety or its propagation material is found in the trade, traders will have an obligation to refrain from their disposal from the date on. to be notified of the resolution.
The same obligation will be made for producers, nurseries, manufacturers, importers and their distributors, who will be responsible for immediately recovering the varieties. plants or their propagating material that are already in the trade.
Article 43.- The Secretariat may order the provisional measures referred to in the previous article, upon request of the data subject. For such purposes, the applicant shall prove the existence of a violation of his rights, or that it is imminent, or the possibility of irreparable harm, or the well-founded fear that the evidence will be destroyed, hidden, lost or altered, as well as complying with the granting of a bond, providing the information requested and other requirements that determine the legal provisions.
The person against whom the provisional measure has been taken may exhibit counterclaim in order to respond to the damages caused to the applicant of the itself, in order to obtain its lift.
Article 44.- The applicant for the provisional measures referred to in Article 42 of this Law shall be responsible for the payment of damages caused to the person against whom they were executed when:
I.- The final resolution that would have remained firm on the merits of the dispute, states that there was no violation or threat of violation of the rights of the applicant for the measure, and
II.- An interim measure has been requested and the administrative procedure before the Secretariat has not been initiated with respect to the fund of the dispute within a period of 20 days, counted from the execution of the measure.
Article 45.- The destination of the insured assets, as well as the granting and application of the bond and counterbalance, shall be in accordance with the provisions of the regulation of this law.
Article 46.- When the Secretariat acts as an arbitrator, an arbitration panel shall be integrated, chaired by the holder of the General Legal Directorate of the Secretariat.
Article 47.- The arbitration commission shall act as a friendly component or as a strict arbitrator, as agreed by the parties. It shall resolve matters in accordance with the provisions of this law and its rules of procedure.
Article 48.- The Secretariat shall impose, in accordance with the Federal Administrative Procedure Law, the following violations: following:
I.- Modify the protected plant variety denomination without authorization from the Secretariat, from two hundred to two thousand days of minimum wage;
II.- Ostend as holder of a protected plant variety without being so, five hundred to three thousand days minimum wage;
III.- Disclosing or marketing a plant variety as a foreign source when it is not, or, disclosing or marketing a plant variety as from national provenance when it is not, from three hundred to three thousand days of minimum wage;
IV.- To apply to verification visits that are carried out under this law and to the Federal Administrative Procedure Law, from three hundred to three thousand days minimum wage;
V.- commercially exploit the characteristics or content of a protected plant variety, attributing it to another plant variety that is not, one thousand to ten a thousand days minimum wage;
VI.- Stop complying or violating the measures set out in Article 42 of this Law, from a thousand to ten thousand days minimum wage;
VII.- Leverage or exploit a protected plant variety, or its propagation material, for production, distribution or sale without the authorization of the holder, two thousand to ten thousand days minimum wage, and
VIII.- Other violations of the provisions of this law and its regulation of two hundred to five thousand days of minimum wage.
For these purposes, the general minimum wage in force in the Federal District shall be considered at the date of the infringement.
For the imposition of sanctions, the Secretariat shall take into account the seriousness of the infringement, as well as the background, personal circumstances and circumstances. Socioeconomic status of the offender. In the event of recidivism, a fine shall be applied for up to twice the maximum limit of the appropriate penalty.
ARTICLE FIRST.- This law shall enter into force on the day following its publication in the Official Journal of the Federation.
ARTICLE SECOND.- As long as the Federal Executive issues the regulations of this law, they will apply, in an extra way and in what is not the contract, the administrative and regulatory provisions relating to the Law on Industrial Property.
ARTICLE THIRD.- Articles 12 of the Law on Production, Certification and Trade in Seeds, and the Fifth Transitional of the Decree for which it is Reforman, Adipena and Derogan Various Provisions of the Law on the Promotion and Protection of Industrial Property, published in the Official Journal of the Federation on 2 August 1994, as well as all other administrative provisions which are oppose this law.
ARTICLE FOURTH.- Plant varieties that have been registered in the National Register of Plant Varieties to which the Law on Production refers, Certification and Commerce of Seeds, they will be liable to grant of title of breeder, prior to the fulfilment of the conditions provided in this law. The duration of the protection of rights shall be in accordance with Article 4. of this law, taking into account the date on which the registration number was assigned in the National Register of Plant Varieties. The rights acquired by that allocation shall be fully respected.
ARTICLE QUINTO.- The Mexican Institute of Industrial Property will forward to the Secretariat, within six months of the entry into force of this Law, the applications for breeders of plant varieties in all genera and species, which have been submitted to it prior to the entry into force of this order, in accordance with the provisions of Article 5 of the Decree by which various provisions of the Law are Reformed, Added and Repealed for the Promotion and Protection of Industrial Property published in the Official Journal of the Federation on August 2, 1994.
Regarding patent applications to protect plant varieties that are being processed under the Law on the Promotion and Protection of Property Industrial, the applicants will be able to benefit from the benefits granted by this order within six months of its entry into force, by written request to the Secretariat of Agriculture, Livestock and Rural Development. The rights acquired by the patents granted shall be fully respected.
ARTICLE SIXTH.- The Secretariat shall recognize the right of priority referred to in Article 10 of this Law in respect of requests for protection of the rights of breeder of plant varieties presented in other countries from the entry into force of this law.
Mexico, D.F., at 3 October 1996.-Dip. Carlos Humberto Aceves del Olmo, President.-Sen. Melchor de los Santos Ordonez, President.-Dip. Sabino González Alba, Secretary.-Sen. Eduardo Andrade Sanchez, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty-one day of the month of October of a thousand nine hundred and ninety-six.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Emilio Chuayffet Chemor.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
DECREE reforming various Federal Laws, in order to update all those articles that refer to the Secretariats of State whose denomination was modified and the Federal District Government in the pipeline; as well as remove the mention of administrative departments that are no longer in effect.
Published in the Official Journal of the Federation on April 9, 2012
ARTICLE 40TH SEVENTH. Items 1.; 2o., fraction VII; and 29, fraction III, of the Federal Law on Plant Varieties are reformed to remain as follows:
First. This decree shall enter into force the day after its publication in the Official Journal of the Federation.
Second. As of the date this Decree enters into force, the provisions that contravene or oppose it are left without effect.
Mexico, D.F., on February 21, 2012.-Dip. Guadalupe Acosta Naranjo, President.-Sen. José González Morfin, President.-Dip. Laura Arizmendi Campos, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at thirty March of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.