New Plant Varieties

– Decision 345 of the Andean Community (Cartagena Agreement). – Colombian Decrees 533 of March 8, 1994, 2468 of November 4, 1994, 2687 of November 19, 2002.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act, since September 13, 1996.


Applicant: any physical person or corporate body. The name of the breeder must be mentioned when he is not the applicant.

Foreigners: citizen or resident of a UPOV country has the same rights as a Colombian citizen. Nationals of another country may obtain plant variety certificates on condition of reciprocity. Non-residents must appoint an agent in Colombia.

Conditions of protection: new plant varieties are registrable if they are distinct, novel, homogeneous and stable.

Novelty: the plant variety is not novel if it has been sold or otherwise delivered licitly to third parties by the breeder or his successor or under his consent for commercial exploitation for more than one year in the Andean Community or for more than four years elsewhere. Plant variety must be defined by a name.

Filing requirements for an application (to be sent to resident agent):
1. Name, address and citizenship of the applicant and breeder when acting through a representative;
2. Common and scientific name of the species;
3. Indication of the proposed generic denomination;
4. Identification of the breeder and place where the variety was obtained, indicating the country of origin;
5. Priority claim (if any);
6. Morphologic, physiologic, sanitary, phenologic, chemo physical and most remarkable industrial or technical qualities allowing the variety description;
7. The genetic origin of the variety;
8. Types of plant protection (patents, industrial patents or any other special protection) obtained for the variety;
9. Indication of all Plant Variety Registers obtained in other countries;
10. Declaration of non-commercialization;
11. Assignment of breeder’s right if applicant is different from breeder.


Formal examination: the application is examined concerning the formal aspects within fifteen days after filing. If the application needs to be amended or completed, the applicant is given sixty working days to make the necessary amendments. The Colombian Variety Register Office may forego the examination if the variety has already been examined in another Union country with sufficient references.

Publication: the application is published in the Official Bulletin, in view of observations from third parties.

Objections: any person having an interest has the right to formulate observations within three months from the publication date. The observations are notified to the applicant by the Office, which sets a term to reply.

Substantive examination: the plant variety is then examined as to its conformity with conditions of protection.

Examination of the variety name: a report is notified to the applicant who may present observations within a two-month period.


Beginning of protection: date of granting.

Duration: twenty or twenty-five years, depending on the species.

Annuities: the annual fees are due on March 31st of every year. Grace period: six months from the due date with a surcharge.

Scope of protection: certificate of plant variety confers to its owner an exclusive right to produce, to introduce into Colombia, to sell or to offer for sale all or part of the plant and all elements for reproduction of the variety.

Assignment and granting of licenses: by writ and must be registered.

Modification of Protection after Registration

Action for revocation: may be initiated by any interested party or by the Colombian Variety Register Office.

Lapsing of the certificate of plant variety: on non-payment of an annual fee or when the holder of the certificate has not preserved the elements of the vegetative material permitting the reproduction of the variety.

Compulsory licenses: may be granted.

Publications and Registration Office

Official Publication: done in the Registered Plant Varieties Gazette of the Instituto Colombiano Agropecuario, ICA.

Office: the National Plant Varieties Registration Office is the Instituto Colombiano Agropecuario, ICA, located at Bogotá. Internet address: