المعاهدة الدولية بشأن الموارد الوراثية النباتية للأغذية والزراعة

Decree-Law 291/2012 Official Gazette of Cuba and Policy on Seeds and Plant Genetic Resources

In 2012, the Government of Cuba published Decree-Law 291/2012 on Plant Variety Protection; Article 4 states that the breeder may be a natural or legal person, and that one or more such entities can be holders of rights, including for example agricultural production cooperative(s) or basic unit(s) of cooperative production. This is a form of intellectual property right granted to the breeder(s) of a new plant variety, including participating farmer cooperatives. Furthermore, a Seed Directorate was established in 2011 under the Ministry of Agriculture; its competencies were expanded, leading to the establishment of the Seed and Plant Genetic Resources Directorate in 2015. These changes have motivated a review of the entire legal basis targeting seeds and plant genetic resources in Cuba. The new Seeds and Plant Genetic Resources Policy, reflecting this development, was approved in July 2018; work is currently underway to draft a Decree-Law and regulations to implement the policy and address those articles of the ITPGRFA that have so far not been covered, including Article 9. It can be concluded that work is being done to review and update the legal basis, which will facilitate actions at the national level with support from local governments.

Institution/organization Government organization
Provision of Art. 9 addressed Art. 9.1, Art. 9.3
Type of measure/practice Administrative, Legal
Country Cuba
Region Latin America and the Caribbean
Link(s) to further information about the measure/practice http://www.fao.org/3/ca4347en/ca4347en.pdf
Keyword(s) Farmers’ Rights, Food security, Local varieties, Seed system, Smallholder farmers

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