Abstract

VALDOSPINOS RODRIGUEZ, María Fernanda. Is it possible to get a breeder on a spontaneous vegetable mutation in Ecuador?. Iuris Dictio [online]. 2017, n.19, pp.69-81. ISSN 2528-7834.  https://doi.org/10.18272/iu.v19i19.902.

This article seeks to clarify if plant breeders are also entitled to essentially derived rights on varieties that has been obtain by methods in which there was no human intervention. Therefore, the analysis consists in determining if the required plant breeding is present in this case. In this regard, the question to be answer is whether or not is possible to protect under the local law essentially derived varieties in which there has been no human intervention.

Ecuadorian legislation does not include this concept and in the only article in which reference is in article 467, about the limitations of the breeder. What cannot determine what happens to this category in our legislation. However, Decision 345 adds this concept and expands it in some sections that will be study below.

Keywords : Plant Breeders; Essentially derived varieties; Breeding methods; Natural selection.

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