El régimen jurídico y la concesión de los títulos de obtentor en México

Abstract

This article analyses the implementation of the Legal Regime of protection of plant varieties in Mexico and the procedure of concession of title deeds. The starting point is the description of the Mexican agriculture offering a dichotomous panorama; traditional agriculture on one hand, and on the other, the commercial agriculture. It is followed by the study of the implementation of the plant variety system as part of the economy changes of the decade 1980 and 1990, period in which the Mexican State stops participating in the agricultural activity and undertakes a commercial discharge. Following with the study of one of the key elements of this change, the international trades that obligate Mexico to protect the plant varieties and The International Agreement for the Protection of the Plant Breeders. Briefly, the agreements in which the industrial property is limited is examined as well as its constitutional regulations and its interpretation that allows to balance the interests of all the involved parties. Following with a review of the Legal Regime the Federal Law of Plan Varieties and its Regulation. The limits of the Plant Breeders rights is emphasized, as well as the protection of the biodiversity. The administrative structure involved in the procedure of concession of plant breeders’ deeds and, the whole process, from the application to the obtention of the plant breeders’ deeds is studied.