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Instituto Nacional de Semillas: Resolution 401/2020

Introduction: Understanding Resolution 401/2020

The Instituto Nacional de Semillas (National Seeds Institute), a decentralized body under the Ministry of Agriculture, Livestock, and Fisheries, issued Resolution 401/2020 on November 20, 2020. This resolution holds significant implications for the agricultural sector, particularly concerning the registration of hybrid plant creations.

Unveiling the Purpose Behind Resolution 401/2020

The resolution addresses the request made by NUNHEMS B.V., represented in Argentina by BIOSEEDS S.A., for the registration of a hybrid tomato plant creation named BOING. This request was made to the National Registry of Cultivar Property, established by Article 19 of Law No. 20,247 on Seeds and Phytogenetic Creations.

Meeting Legal Requirements: A Key Aspect

The National Seeds Institute’s Variety Registration Directorate, in accordance with relevant legislation, confirmed that all prerequisites outlined in Articles 20 and 21 of Law No. 20,247, Article 6 of the International Convention for the Protection of Plant Varieties (approved by Law No. 24,376), and Articles 26, 27, 29, and 31 of Decree No. 2,183 of October 21, 1991, have been met. This confirmation paved the way for the registration of BOING in the National Registry of Cultivar Property and the subsequent granting of ownership rights.

The Role of the National Seeds Commission

The National Seeds Commission, established by Law No. 20,247, played a crucial role in evaluating the matter during its meeting on October 6, 2020 (as documented in Minute No. 475), exercising its authority within the sphere of its competence.

Legal Considerations and Competence

The Legal Affairs Directorate of the National Seeds Institute also provided its legal opinion on the matter. Based on the relevant legal framework, the President of the Board of the National Seeds Institute holds the authority to issue this resolution, as stipulated in Article 9 of Decree No. 2,817 of December 30, 1991, ratified by Law No. 25,845.

Conclusion: Implications and Execution of Resolution 401/2020

In conclusion, Resolution 401/2020 ordains the registration of the hybrid tomato creation BOING in the National Registry of Cultivar Property, as requested by NUNHEMS B.V., represented by BIOSEEDS S.A. This resolution signifies compliance with legal procedures and sets the stage for the issuance of the corresponding ownership title by the Variety Registration Directorate. It further mandates the communication of this resolution to the concerned parties and its publication in the Official Gazette.

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FAQs:

  1. What is the significance of Resolution 401/2020?

    Resolution 401/2020 addresses the registration of a hybrid tomato creation in the National Registry of Cultivar Property, marking compliance with legal requirements and granting ownership rights.

  2. Who requested the registration mentioned in Resolution 401/2020?

    The request for registration was made by NUNHEMS B.V., represented in Argentina by BIOSEEDS S.A.

  3. What legal framework does Resolution 401/2020 adhere to?

    Resolution 401/2020 adheres to the legal framework outlined in Law No. 20,247 on Seeds and Phytogenetic Creations, along with related decrees and conventions.

  4. What role did the National Seeds Commission play in Resolution 401/2020?

    The National Seeds Commission evaluated the matter within its jurisdiction during its meeting documented in Minute No. 475.

  5. Who holds the authority to issue Resolution 401/2020?

    The President of the Board of the National Seeds Institute has the authority to issue Resolution 401/2020, as per the legal provisions outlined in relevant decrees and laws.

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