New Plant Varieties

– Law No. 19.342, published in the Official Gazette of November 3, 1994.
– Decree No. 373 of October 11, 1996, on Regulations of Law No. 19.342.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plant (UPOV) of 1961, as amended in 1972 and 1978, since January 5, 1996. UPOV 1991 Act ratified on May 2011 by Congress and incorporation to Chilean Law under discussion.
– WTO’s TRIPS Agreement, including Trade in Counterfeit Goods, since January 2000.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since August 30, 2016.

Filing

Applicant: the creator or his legal assignee whether an individual or a corporation. 

Naming of creator: compulsory. 

Notion of new plant varieties: those which have not been commercialized in Chile, or commercialized in Chile for no more than one year, or have not been commercialized in any foreign country for more than six years (for trees), or more than four years (for other plants) before filing the corresponding application in Chile.

Filing requirements for an application (to be sent to resident agent):
1. Certified copy of corresponding foreign priority, if any;
2. Power of attorney;
3. Assignment document;
4. Declaration of deposit in an authorized Chilean farm of plant variety specimens.

Note: notarization/legalization is no longer required.

Examination

Plant variety specimens are examined after all the formal requirements have been complied with and subsequently to confirm that no opposition has been filed by third parties. 

Official fees: filing fees must be paid at the time of filing and DUS fees must be paid before plant variety specimen examination (DUS tests).

Protection

Duration: eighteen years for trees, and fifteen years for other plants, counted from the date of grant of a registration.

Protection of rights: exclusive rights to commercialize and reproduce a protected new variety. 

Annuities: must be paid each year to maintain the protection as well as plant variety specimens to be tested (DUS tests).