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The UPOV system for plant variety protection in Nicaragua
By Guy José Bendaña-Guerrero & Asociados
On October 6, 2022, the International Union for the Protection of New Varieties of Plants (UPOV) carried out a workshop in Nicaragua aimed at local plant breeders, engineers, teachers, researchers, students, lawyers, IP professionals and public officials.Leontino Taveira, in charge of Technical Affairs and Regional Development for Latin America and the Caribbean for UPOV, explained the advantages of promoting an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants in the country.
Some of the items discussed were:
-Develop a legal, administrative and technical basis for national cooperation in plant variety protection.
-Enhance public awareness and understanding of the UPOV system of plant variety protection.
UPOV is an intergovernmental organization based in Geneva, Switzerland, established in 1961 by the International Convention for the Protection of New Varieties of Plants (the UPOV Convention).
In 2001, Nicaragua became the forty-ninth member State of the UPOV.
The purpose of the UPOV Convention is to acknowledge the achievements of breeders of new plant varieties by granting them an exclusive property right on the basis of a set of uniform and clearly defined principles. To be eligible for protection, varieties have to meet certain conditions such as being distinct from existing, commonly known varieties and sufficiently homogeneous and stable. Protection is given to plant breeders as an incentive to the development of agriculture, horticulture and forestry. Improved varieties are a necessary and cost-effective ingredient for achieving food security in a sustainable way.
Guy José Bendaña-Guerrero & Asociados
GUY JOSE BENDAÑA GUERRERO & ASOCIADOS has a long and prosperous tradition in the field of intellectual property (IP) in Nicaragua, with roots that go back to more than 100 years, resulting on long-term relationships with renowned clients and attorneys worldwide.
The firm has its origins in the law firm Henry Caldera & Henry Caldera-Pallais, founded in 1907 by Mr. Henry Caldera. That same year of 1907, through the efforts of Mr. Caldera, Nicaragua had its first Trademark Law. In the late 1930’s, Mr. Caldera’s oldest son, Dr. Henry Caldera-Pallais, after studying law in Nicaragua, attended the University of Michigan, where he graduated as a Registered U.S. Patent Attorney. Dr. Caldera-Pallais in 1964 was a founding member of the Interamerican Association of Intellectual Property (ASIPI), the first regional intellectual property organization in the Americas. The firm continued to grow during the administration of Dr. Franklin Caldera, son of Dr. Caldera-Pallais, who obtained his doctoral degree in law from the Universidad Centroamericana in 1973.
Since 1985 the current partners, Dr. Guy José Bendaña Guerrero and Mrs. Blanca Aragón de Bendaña, took over the management of the firm. Dr. Bendaña Guerrero, Director of the firm, has distinguished himself as one of the most respected authorities in Central America in the field of intellectual property and law in general, being the author of several books such as “Course of Industrial Property Law”, “Study of the new Laws of Industrial Property” and “New Study of Contracts “, among others. Mrs. Aragón de Bendaña has served as the firm’s general manager and, thanks to her excellent management, the firm has been in constant growth, with a highly qualified staff committed to excellence. Since 1996, partner Julián José Bendaña Aragón joined the firm, and has been standing out as one of the most recognized attorneys in the field of intellectual property.
We have adapted to the constant change of the business world, supporting our clients in finding the most appropriate legal solutions for each moment. The firm distinguishes itself by understanding the needs of its clients, offering personalized service and adding value to its activities.
Nowadays we continue to be the leading firm in Nicaragua in the area of intellectual property, and at the same time, we have been consolidating other areas of service within the civil, commercial and labor fields, as well as litigation and consulting in general. The firm is well positioned to guarantee a pragmatic service that meets the requirements of the most demanding clients.
