Argentina and its Initiative to Join UPOV 1991

By Claudia Serritelli, Head of Legal and Patent Department, Estudio Chaloupka

This initiative has recently attracted public attention due to the parliamentary consideration of the bill “Bases and Starting Points for the Freedom of Argentines” (referred to as the “Bases Law”), which was presented to the National Congress on December 27, 2023. Among the measures proposed, the adhesion of Argentina to the International Convention for the Protection of New Varieties of Plants (1991) (UPOV 91) was promoted.

The UPOV convention of 1961 provides an international system for the protection of plant variety breeders and has been revised in 1972, 1978, and 1991. Argentina signed the 1978 act through Law No. 24,376 in 1994.

Without exhausting the comparative analysis, the 1991 act —unlike the 1978 act— defines the terms variety and breeder, extends the minimum duration of protection, broadens the acts requiring authorization from the breeder, and limits exceptions to the breeder's rights.

The aim of adhering to the 1991 act is to incorporate international best practices that stimulate investments, innovation, and international trade, as well as to enhance access to improved varieties, support agricultural research and development, and increase protection against unauthorized use of protected varieties.

Its inclusion has generated resistance due to its impact on the farmer's right to use their own seeds, specifically the free use of reserved seeds from their harvest for replanting. In response, the government assures that it will engage various sectors of the agricultural chain to build necessary consensus.

The adhesion was originally planned in Chapter VIII “Bioeconomy,” Section II, Article 241 of the bill, which was included in Article 210 of the commission's report dated January 24, 2024. Article 210 bis (which was removed from the report) established the acceptance of the right to use one’s own seeds. The text passed in the general vote but not in the specific vote.

A more streamlined version of the project was then presented, and the initiative for adhesion to the Convention was no longer included (along with other topics) in the Bases Law.

As a result of a heated debate, the legislative text underwent several modifications, reducing from 664 to 232 articles, and was approved in titles and chapters, receiving half approval in the Chamber of Deputies on April 29, 2024. In the Senate, a modified report was obtained on May 30, with a specific vote to follow.

The government announced it would continue to promote projects that were not included, utilizing available constitutional tools. This could lead to the establishment of new parameters for the right to use one’s own seeds, regulations for the current Seed Law, or the promotion of a new law.
In any scenario, we advocate for a debate that includes the main representatives of the agricultural sector to fairly protect the rights at stake, allowing recognition of breeders' rights while ensuring access to seeds and the right to use them for farmers.