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An Answer to the Plant Variety Controversy in Chile
Author(s) -
Prifti Viola
Publication year - 2016
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/jwip.12062
Subject(s) - ratification , variety (cybernetics) , plant variety , convention , order (exchange) , international trade , political science , free trade agreement , business , law , free trade , politics , finance , artificial intelligence , computer science , horticulture , biology
Chile has failed to ratify the 1991 International Convention for the Protection of New Varieties of Plants (UPOV) as stipulated in the free trade agreement (FTA) with the United States. Since Chile is amongst the US Priority Watch List countries, it is imperative for Chile to emanate a UPOV 1991‐compliant law. The ratification of UPOV 1991, however, has encountered strong resistance within the country and it is not yet clear when and how Chile will adopt UPOV 1991 provisions. Through an analysis of legal and economic aspects of the domestic plant variety law, this paper explains that Chile should make better use of UPOV flexibilities and gives recommendations in order to accommodate the interests of all stakeholders.