– Law No. 23 of July 15, 1997, as amended by Law No. 63 of October 5, 2012.
– Executive Decree No. 13 of March 19, 1999.
– Resolution No. ALP-025-ADM-01 of April 4, 2001.

– International Union for the Protection of New Varieties of Plants (UPOV), 1978 Act since May 23, 1999, and 1991 Act since November 22, 2012.

Applicants: nationals, and all persons who have Panama as their domicile, residence and headquarters; nationals of member States of UPOV, and nationals of any state that grants effective protection to nationals from Panama.

Conditions for protection: new plant varieties are registered if they are new, different, homogeneous, stable, and have received a denomination.

Distinction: the plant variety shall be considered different if it is clearly distinguishable by one or several important characteristics from any other variety that, at the date of filing the application, is commonly known.

Homogeneity: the plant variety is considered sufficiently uniform in its pertinent characteristics, and sufficiently stable, if the plant variety is homogeneous after successive reproductions or multiplications or, in the case of a particular reproduction or multiplication cycle, at the end of each cycle.

Novelty: a plant variety is new if it has not been offered for sale or commercialized: (a) in the territory of the Republic of Panama for over a year from the application filing date or priority date; (b) in the territory of any other state, for more than four years from the application filing date; (c) in the case of trees and vines, for more than six years as from the application filing date. The executive branch shall regulate cases where a sale or a delivery to third parties in another way does not affect the novelty of the variety.

Filing requirements for an application (to be sent to resident lawyer):
1. Application form containing the name and address of the breeder and of the applicant, if they are not the same person;
2. The name of the botanical classification (Latin name and common name);
3. The proposed name for the variety or a provisional designation;
4. Priority claim: if the application has been preceded by several applications, the application shall only be based on the oldest one;
5. Technical query about the genders and species, signed by an agricultural engineer.

Formal examination of the application: DIGERPI will review the formal aspects of the application. If the application needs to be amended, the applicant should correct the same within thirty calendar days, as from the notification date.

Substantive examination: the contents of the application will be reviewed, and if the examination reveals an obstacle for the concession, the application will be rejected. Please take note that the substantive examination will be ordered by DIGERPI, but performed by the Institute of Agricultural and Livestock Investigations or whomever is designated.

Technical examination: a technical examination verifying that the variety belongs to the announced botanical classification, and determining that the variety is different, homogeneous and stable, will take place. The examination is made by the Panamanian Institute of Agricultural and Livestock Investigations, or under its supervision.

Publication: the application will be published in the Industrial Property Bulletin for a two-month term, period within which the same may be subject to observations.

Observations: any interested party may file observations against the registration of the variety. The observations have to be notified to the applicant, who must reply to such observations, within a two-month term. Thereafter, DIGERPI proceeds to evaluate the arguments, and if they consider that the same are justified, they will proceed to deny the application.

Scope of protection: exclusive rights to commercialize and reproduce the protected variety.

Term of protection: twenty or twenty-five years (depending on the species), from the application filing date.

Annuities: the government fees have to be paid, every five years.

Maintenance of the variety: the holder will have to maintain the protected variety or his hereditary components, while its registration is in force and effect, by submitting, in the fixed term, at DIGERPI, the information, documents or material deemed necessary for the control of maintenance of the variety.

Action of annulment: possible, by any interested party within a period of eight years, after the registration issuance date.

Forfeiture of the certificate of plant variety: (a) the annual fees are not paid; (b) the title holder waives the right by means of a written statement; (c) the title holder cannot present to the competent authority the material for reproduction or for multiplication that allows the obtaining of the variety with its features; and (d) the title holder does not present the necessary documents for the maintenance of the variety.

Compulsory licenses: may be granted.