Law for the Protection of Plant Varieties

For the purposes of this Law, the following terms shall be understood as: PERTINENT CHARACTERS: Phenotypic and genotypic expressions peculiar to the plant variety that allow its identification; COMMITTEE: The Plant Variety Qualifying Committee; PROPAGATION MATERIAL: Any material of sexual or asexual reproduction that may be used for the production or multiplication of a plant variety, including seeds for sowing and any entire plant or part thereof from which it is possible to obtain entire plants or seeds; OBTAINER: A natural or legal person who through a breeding process has obtained and developed a variety of plant of any genus and species; BREEDING PROCESS: Technique or set of techniques and procedures that allow the development of a plant variety; REGISTER: The National Register of Plant Varieties; SECRETARIAT: The Secretariat of State in the Offices of Agriculture and Livestock; OBTAINER'S TITLE: Document issued by the Secretariat in which the right to the obtaining of a new, distinctive, stable and homogeneous plant variety is recognized and protected; and, PLANT VARIETY: Set of plants of a single botanical taxon of the lowest known rank that, regardless of whether or not it fully meets the conditions for the granting of an obtainer's right, may be defined by the expression of the characters resulting from a certain genotype or a certain combination of genotypes or distinguished from any other set of plants by the expression of one of said characters at least, considered as a unit, taking into account its ability to propagate without alteration.

The Secretariat shall have the following attributions:

• 1)

  To promote and encourage activities related to the protection of the obtainer's rights, in which the various departments and entities of the public administration participate, as well as social and private sectors;

• 2)

  To resolve applications for protection of the obtainer's rights, subject to the opinion of the committee, regarding the issuance of the obtainer's title, in the terms of this Law and its Regulation;

• 3)

  To extend emergency licenses in the cases indicated in this Law;

• 4)

  To provide the guidelines according to which errors in the registered data and documents issued by the Secretariat shall be corrected;

• 5)

  To disseminate applications for protection and protected plant varieties, in the terms and with the periodicity indicated by the regulation of this Law;

• 6)

  To establish the official standards that correspond and verify their compliance;

• 7)

  To act as arbitrator in the resolution of controversies submitted to it by interested parties, related to the payment of damages and losses derived from the violation of the rights protected by this Law, as well as in all matters related to presumed irregularities related to the subject matter of this Law that are not provided for in this Law or its Regulation;

• 8)

  To resolve administrative remedies related to the application of this Law;

• 9)

  To order and conduct verification visits, request information and data, conduct investigations of presumed administrative infractions, order and execute measures to prevent or cease the violation of the rights protected by this Law and impose administrative sanctions in accordance with the provisions of such ordinances;

• 10)

  To promote international cooperation through the exchange of experiences with institutions of other countries engaged in the registration and protection of obtainer's rights, including the training and professional training of personnel, the transfer of work methodology and organization, the exchange of publications and the updating of document collections and databases in the matter, as well as to maintain a catalog of foreign researchers; and,

• 11)

  The other attributions conferred on it by this Law, other laws or legal provisions in force.

For the purposes of this Law, the following terms shall be understood as: PERTINENT CHARACTERS: Phenotypic and genotypic expressions peculiar to the plant variety that allow its identification; COMMITTEE: The Plant Variety Qualifying Committee; PROPAGATION MATERIAL: Any material of sexual or asexual reproduction that may be used for the production or multiplication of a plant variety, including seeds for sowing and any entire plant or part thereof from which it is possible to obtain entire plants or seeds; OBTAINER: A natural or legal person who through a breeding process has obtained and developed a variety of plant of any genus and species; BREEDING PROCESS: Technique or set of techniques and procedures that allow the development of a plant variety; REGISTER: The National Register of Plant Varieties; SECRETARIAT: The Secretariat of State in the Offices of Agriculture and Livestock; OBTAINER'S TITLE: Document issued by the Secretariat in which the right to the obtaining of a new, distinctive, stable and homogeneous plant variety is recognized and protected; and, PLANT VARIETY: Set of plants of a single botanical taxon of the lowest known rank that, regardless of whether or not it fully meets the conditions for the granting of an obtainer's right, may be defined by the expression of the characters resulting from a certain genotype or a certain combination of genotypes or distinguished from any other set of plants by the expression of one of said characters at least, considered as a unit, taking into account its ability to propagate without alteration.

The Secretariat shall have the following attributions:

• 1)

  To promote and encourage activities related to the protection of the obtainer's rights, in which the various departments and entities of the public administration participate, as well as social and private sectors;

• 2)

  To resolve applications for protection of the obtainer's rights, subject to the opinion of the committee, regarding the issuance of the obtainer's title, in the terms of this Law and its Regulation;

• 3)

  To extend emergency licenses in the cases indicated in this Law;

• 4)

  To provide the guidelines according to which errors in the registered data and documents issued by the Secretariat shall be corrected;

• 5)

  To disseminate applications for protection and protected plant varieties, in the terms and with the periodicity indicated by the regulation of this Law;

• 6)

  To establish the official standards that correspond and verify their compliance;

• 7)

  To act as arbitrator in the resolution of controversies submitted to it by interested parties, related to the payment of damages and losses derived from the violation of the rights protected by this Law, as well as in all matters related to presumed irregularities related to the subject matter of this Law that are not provided for in this Law or its Regulation;

• 8)

  To resolve administrative remedies related to the application of this Law;

• 9)

  To order and conduct verification visits, request information and data, conduct investigations of presumed administrative infractions, order and execute measures to prevent or cease the violation of the rights protected by this Law and impose administrative sanctions in accordance with the provisions of such ordinances;

• 10)

  To promote international cooperation through the exchange of experiences with institutions of other countries engaged in the registration and protection of obtainer's rights, including the training and professional training of personnel, the transfer of work methodology and organization, the exchange of publications and the updating of document collections and databases in the matter, as well as to maintain a catalog of foreign researchers; and,

• 11)

  The other attributions conferred on it by this Law, other laws or legal provisions in force.

This Law shall apply at minimum to fifteen (15) genera or plant species; as of the date of entry into force, at the end of ten (10) years it shall cover all genera and plant species.

The beneficiaries of the rights provided for in this Law shall be:

• 1)

  Nationals of Honduras and all persons who have their domicile or seat in Honduras;

• 2)

  Nationals of a State or an Intergovernmental Organization that is a Party to the International Convention for the Protection of Plant Varieties and all persons who have their domicile or seat in the territory of a State or an intergovernmental institution that is a party to the International Convention for the Protection of Plant Varieties; and,

• 3)

  Nationals of any State that, without being a State or an Intergovernmental Organization party to the International Convention for the Protection of Plant Varieties, grants effective protection to nationals of Honduras. For the purposes of numeral 2) of this Article, the term "nationality" shall be understood as follows: when the Party to the International Convention for the Protection of Plant Varieties is a State, the nationals of that State and, when the party to the International Convention for the Protection of Plant Varieties is an intergovernmental organization, the nationals of any of its member states.

Any person who has neither domicile nor seat in Honduras may only be a party to proceedings initiated in accordance with this Law and enforce the rights arising from it on condition of having a representative who has his domicile or an office in Honduras. The representative shall have power of representation before the Secretariat, as well as in litigation related to the protection of plant varieties.

The rights granted by this Law to obtainers of plant varieties are as follows:

• 1)

  To be recognized as the obtainer of a plant variety. This right is inalienable and imprescriptible; and,

• 2)

  The authorization of the obtainer or the holder of the obtainer's right shall be required for the following acts:

  • a)

    The production or reproduction (Multiplication);

  • b)

    Preparation for the purposes of reproduction or multiplication;

  • c)

    Offering for sale;

  • d)

    Sale or any other form of commercialization;

  • e)

    Export;

  • f)

    Import; and, g) Possession for any of the mentioned purposes. The obtainer may make his authorization conditional upon conditions and limitations.

• 3)

  Subject to the provisions of Articles 8 and 10, the authorization of the holder shall be required for the acts mentioned in numeral 2). Carried out with respect to the harvest product, including entire plants and parts of plants, obtained through unauthorized use of propagation or multiplication material of the protected variety, unless the holder could reasonably exercise his right in relation to said propagation or multiplication material;

• 4)

  The provisions contemplated in numerals 2) and 3) shall also apply:

  • a)

    To varieties that are essentially derived from the protected variety, when this is not in turn an essentially derived variety;

  • b)

    To varieties that do not clearly distinguish themselves from the protected variety; and, c) To varieties whose production requires the repeated use of the protected variety.

• 5)

  For the purposes of what is established in numeral 4) of this Article, a variety is considered essentially derived from another variety if:

  • a)

    It derives mainly from the initial variety, or from a variety which in turn derives mainly from the initial variety, while retaining the expressions of the essential characters resulting from the genotype or the combination of genotypes of the initial variety;

  • b)

    If it clearly distinguishes itself from the initial variety; and, c) Except for the differences resulting from the derivation, it conforms to the initial variety in the expression of the essential characters resulting from the genotype or the combination of genotypes of the initial variety. Essentially derived varieties may be obtained, for example, by the selection of a mutant or somaclonal variant, selection of a variant individual among the plants of the initial variety, backcrossing or transformations by genetic engineering. The obtainer may make his authorization conditional upon conditions and limitations.

The Obtainer's right shall not extend to:

• 1)

  Acts performed within a private framework for non-commercial purposes;

• 2)

  Acts performed on an experimental basis;

• 3)

  Acts performed for the purposes of the creation of new varieties, unless the provisions of numeral 4) of Article 7 are applicable to the acts mentioned in numerals 2) and 3) of Article 7 performed with such varieties; and,

• 4)

  Acts relating to the material of its variety, or of a variety covered by numeral 4) of Article 7 that has been sold or commercialized in any other manner in the territory of Honduras by the holder or with his consent, or the material derived from such material, unless these acts involve new reproductions or multiplications of the variety in question, or involve an export of material of the variety that allows its reproduction in a country that does not protect varieties of the genus or plant species to which the variety belongs, except if the exported material is intended for consumption.

The Obtainer's right is not infringed by whoever reserves and always for his own use, or sells as raw material or food the product obtained from the cultivation of the protected variety. The commercial use of multiplication, reproduction or propagation material, including entire plants and their parts, of fruit, ornamental and forest species is excepted from Article 8.

For the purposes provided in numeral 4) of Article 8, the term "material" in relation to a variety shall be understood as:

• 1)

  Vegetative propagation or multiplication material, in any form;

• 2)

  The harvest product, including entire plants and parts of plants; and,

• 3)

  Any product manufactured directly from the harvest product.

The right granted to the Obtainer, counted from the date of granting of the protection title, shall have a duration of: 1) Twenty-five (25) years for perennial species (forest, fruit, vines, ornamental) including in each case their rootstocks; and, 2) Twenty (20) years for the species not included in the preceding numeral. These periods shall be counted from the date of issuance of the obtainer's title and, once elapsed, its use and exploitation shall pass to the public domain.

The Obtainer may renounce the rights granted to him by Article 7 of this Law. To do so, the renunciation must be made in writing and for its validity must be registered in the register. The renunciation shall be irrevocable and the use and exploitation of the plant variety and its propagation material shall pass to form part of the public domain.

The obtainer's title of a plant variety shall be granted, provided that this is:

• 1)

  NEW: i) The variety shall be considered new if, on the date of submission of the application for Obtainer's right, the material of propagation or plant multiplication or the harvest product of the variety has not been sold or delivered to third parties in any other manner, by the Obtainer or with his consent, for the purposes of the exploitation of the variety; ii) in the national territory more than one (1) year before the date of submission of the application in Honduras; and, iii) in a territory other than the national, more than four (4) years, or in the case of trees and vines, more than six (6) years before the submission of the application in Honduras;

• 2)

  DISTINCT. The plant variety shall have this characteristic if it clearly distinguishes itself from any other variety whose existence on the date of submission of the application is notoriously known. In particular, the filing, in any country, of an application for the granting of an Obtainer's right for another variety or the registration of another variety in an official register of varieties, shall be deemed to make this other variety notoriously known as from the date of the application, if this leads to the granting of the Obtainer's right or the registration of this other variety in the official register of varieties, as the case may be;

• 3)

  STABLE. The plant variety shall have this characteristic if it retains its pertinent characters unchanged after successive reproductions or propagations or, in the case of a particular cycle of reproductions or multiplications, at the end of each cycle; and,

• 4)

  HOMOGENEOUS. The plant variety shall have this characteristic if it is sufficiently uniform in its pertinent characters, subject to the variation foreseeable by its sexual reproduction or vegetative multiplication. The granting of the Obtainer's right may not depend on supplementary or different conditions, subject to the requirement that the variety be designated by a denomination in accordance with Article 16 and requests as provided herein and that it has satisfied the formalities provided for herein and that it has paid the appropriate fees.

The Obtainer's right is independent of measures adopted by Honduras to regulate in its territory the production, control and commercialization of material of the varieties, or the import and export of that material.

The Secretariat shall receive and process applications for the issuance of breeder's titles. For such purpose, it may require that the plant variety or its propagation material be delivered in the quantities it deems appropriate and, where applicable, the supplementary documents and information that it considers necessary to verify compliance with legal requirements, regulatory provisions, and official Honduran standards. Applications shall become void if the applicant fails to meet the requirements set forth to it within the period of three (3) months, counted from the date of notification.

Denomination of the variety.

• 1)

  Designation of varieties by denominations; use of the denomination: a) The variety shall be designated by a denomination intended to be its generic designation; and, b) Without prejudice to the provisions of paragraph 4, no right relating to the designation registered as the denomination of the variety shall hinder the free use of the denomination in relation to the variety, even after the expiration of the breeder's right.

• 2)

  The denomination shall permit identification of the variety. It may not consist solely of figures, except where it is an established practice for designating varieties. It shall not be liable to mislead or create confusion concerning the characteristics, value, or identity of the variety or concerning the identity of the breeder. On the contrary, it shall be different from any denomination that designates, in the territory of any member of the International Union for the Protection of New Varieties of Plants (UPOV), an existing variety of the same plant species or of a closely related species;

• 3)

  The denomination of the variety shall be proposed by the breeder to the Secretariat. If it is found that such denomination does not meet the requirements of paragraph 2), the Secretariat shall refuse registration and shall require the Breeder to propose another denomination within a prescribed period. The denomination shall be registered by the Secretariat at the same time as the breeder's right is granted;

• 4)

  Prior rights of third parties shall not be affected. If, by virtue of a prior right, the use of the denomination of a variety is prohibited to a person who is obliged to comply in accordance with the provisions of paragraph 7), the Secretariat shall require the Breeder to propose another denomination for the variety;

The Breeder's right is independent of the measures adopted by Honduras to regulate in its territory the production, control, and commercialization of material of the varieties, or the importation and exportation of such material. CHAPTER II OF THE APPLICATION AND GRANTING OF THE BREEDER'S TITLE

The Secretariat shall receive and process applications for the issuance of breeder's titles. For such purpose, it may require that the plant variety or its propagation material be delivered in the quantities it deems appropriate and, where applicable, the supplementary documents and information that it considers necessary to verify compliance with legal requirements, regulatory provisions, and official Honduran standards. Applications shall become void if the applicant fails to meet the requirements set forth to it within the period of three (3) months, counted from the date of notification.

Denomination of the variety.

• 1)

  Designation of varieties by denominations; use of the denomination: a) The variety shall be designated by a denomination intended to be its generic designation; and, b) Without prejudice to the provisions of paragraph 4, no right relating to the designation registered as the denomination of the variety shall hinder the free use of the denomination in relation to the variety, even after the expiration of the breeder's right.

• 2)

  The denomination shall permit identification of the variety. It may not consist solely of figures, except where it is an established practice for designating varieties. It shall not be liable to mislead or create confusion concerning the characteristics, value, or identity of the variety or concerning the identity of the breeder. On the contrary, it shall be different from any denomination that designates, in the territory of any member of the International Union for the Protection of New Varieties of Plants (UPOV), an existing variety of the same plant species or of a closely related species;

• 3)

  The denomination of the variety shall be proposed by the breeder to the Secretariat. If it is found that such denomination does not meet the requirements of paragraph 2), the Secretariat shall refuse registration and shall require the Breeder to propose another denomination within a prescribed period. The denomination shall be registered by the Secretariat at the same time as the breeder's right is granted;

• 4)

  Prior rights of third parties shall not be affected. If, by virtue of a prior right, the use of the denomination of a variety is prohibited to a person who is obliged to comply in accordance with the provisions of paragraph 7), the Secretariat shall require the Breeder to propose another denomination for the variety;

• 5)

  Any variety subject to an application for the grant of a breeder's right shall be presented under the same denomination in all members of the International Union for the Protection of New Varieties of Plants (UPOV). The Secretariat shall register the denomination thus proposed, unless it finds that the denomination is inadequate. In such case, it shall require the Breeder to propose another denomination;

• 6)

  The Secretariat shall ensure communication to the authorities of the members of the International Union for the Protection of New Varieties of Plants (UPOV) of all information relating to denominations, specifically, the proposal, registration, and cancellation of denominations. Any authority may transmit its possible observations concerning the registration of a denomination to the Secretariat;

• 7)

  Any person who, in national territory, proceeds to put on sale or commercialize the reproduction or vegetative multiplication material of a variety protected in Honduras shall be obliged to use the denomination of that variety, even after the expiration of the Breeder's right relating to that variety, provided that, in accordance with the provisions of paragraph 4), prior rights do not oppose such use; and,

• 8)

  When a variety is offered for sale or commercialized, it shall be permitted to associate a trademark, a trade name, or a similar indication, with the registered variety denomination. If such indication is separated from the form, the denomination shall, nevertheless, be easily recognizable and distinguishable.

The applicant may benefit from the priority of an earlier application legitimately filed for the same variety before the same or before its predecessor in title with the authority of a contracting party.

• 1)

  If the application filed with the Secretariat has been preceded by several applications, priority may only be based on the earliest application. Priority shall be claimed expressly in the application filed with the Secretariat. It may only be claimed within three (3) months counted from the date of filing of the first application;

• 2)

  To benefit from the right of priority, the applicant shall supply to the Secretariat, within a period of three (3) months counted from the date of filing, a copy of the first application;

• 3)

  The petitioner may request an extension of two (2) years at most, counted from the date of expiration of the priority period or three (3) years counted from the date of filing of the first application of the examination of the variety. However, if the first application is rejected or withdrawn, the Secretariat may initiate the examination of the variety before the date indicated by the applicant; in such case, the applicant is granted a conveniently timed period to supply the information, documents, or material necessary for the examination; and,

• 4)

  Priority shall have the effect that the application be considered as filed with the conditions linked to the variety as of the first date of its filing.

The verification of compliance with the requirements set forth in Articles 13, 15, and 16 of this Law shall be the responsibility of the Committee, based on what is established in the respective Regulation and the corresponding official Honduran standards. Once all requirements are met, the Secretariat shall issue the breeder's title, which shall recognize and protect the rights referred to in Article 7 of this Law.

When a plant variety is obtained and developed by two (2) or more natural or legal persons in a joint manner, they shall specify in the application the participation corresponding to each one and shall designate a common representative. In case a common representative is not expressly designated, the first one named in the application shall be considered as such.

When the requirements of novelty, denomination, and formal completion of the application are met, the Secretariat shall issue, within one hundred twenty (120) days following the filing of the application, a certificate of filing of the application for the breeder's title and shall proceed to publish the application. With respect to the period comprised between the date of issuance of the filing certificate and until the grant of the corresponding breeder's title, the title holder shall be entitled to receive fair compensation from anyone who, during such interval, has carried out acts that, after the grant of the right, would require authorization from the title holder in accordance with the provisions of Article 7 of this Law. The breeder may demand such compensation as of the beginning of the term of validity of his title.

During the period of validity of the breeder's title, the Secretariat shall be empowered to compare the relevant characteristics of the plant variety with the corresponding relevant characteristics taken into account at the time of granting the breeder's title. To this end, the breeder shall have the obligation to provide the propagation material and the information that the Secretariat requests in this regard, as well as to permit verification visits. For purposes of the foregoing, the Secretariat may, if necessary, request the intervention of the Committee.

To maintain the validity of the Breeder's title, the holder or, where applicable, the heir, shall pay the fees established in the Regulation of this Law.

The filing certificate and the Breeder's title shall become void upon the expiration of their term. The certificate shall lapse if the interested party does not withdraw it within two (2) months following the date on which its issuance is notified to him.

Once the breeder's title is issued, the denomination shall become firm and unalterable, even when the term of validity of the title expires and the plant variety passes into the public domain. Any person who uses or takes advantage of the plant variety for any purpose shall be obliged to use and respect the approved denomination. The approved denomination, when used together with a trademark, trade name, or other indication, shall be easily recognizable and distinguishable. CHAPTER III OF THE TRANSMISSION OF RIGHTS

The rights conferred by the Breeder's title, with the exception of the right referred to in paragraph 1) of Article 7 of this Law, may be encumbered and transmitted in whole or in part, by any legal title, before a Notary Public.

In the case of transmission of the rights referred to in paragraph 2) of Article 7 of this Law, the beneficiary, assignee, or heir of such rights shall be obliged to provide to the Secretariat:

• 1)

  His or her name, nationality, and domicile;

• 2)

  A copy of the document evidencing the transmission of the rights and which includes all the obligations and rights arising from the transmission; and,

• 3)

  A document whereby the obligation is assumed to maintain the relevant characteristics of the plant variety or propagation material in case they are commercialized and exploited.

In the case of total transmission, the beneficiary, assignee, or successor shall assume all obligations and rights derived from the Plant Breeder's title, with the exception of the right referred to in numeral 1) of Article 7 of this Law.

The beneficiary, assignee, or successor may exercise legal actions for the protection of the Plant Breeder's rights as if he were the titular holder, unless otherwise agreed. CHAPTER IV EMERGENCY LICENSES

For the purposes of this Law, it is understood that there exist circumstances of emergency when the exploitation of a plant variety is considered indispensable to satisfy the basic needs of a sector of the population and there is a deficiency in supply or availability.

In case of emergency, the Secretary shall proceed in the following terms:

• a)

  To inform the titleholder of the plant variety or the persons authorized by him of the emergency situation and the necessity to have the plant variety in sufficient quantities that, in the judgment of the Secretary, cover the emergency. Should they show interest in covering the emergency, they must commit to covering it in the terms established by the Secretary;

• b)

  In the event that the titleholder of the plant variety or his successors demonstrate capacity or interest in doing so, the Secretary shall convoke, through public bidding, third parties that have interest;

• c)

  The right to cover the emergency shall be granted by means of a license, for a determined period, prior to compliance with the requirements that the Secretary shall indicate in the convocations, among which must be provided the payment of compensation in favor of the titleholder of the plant variety or his successor; and,

• d)

  Upon conclusion of the period for which the emergency license was granted, the titleholder of the plant variety shall automatically recover all of his rights.

The titleholder of the plant variety for which an emergency license is granted shall have the obligation to provide the licensee with propagation material. In no case may the licensee make use of the variety or the propagation material for a purpose other than that of the emergency.

In situations in which, due to the gravity and magnitude of the emergency, a single licensee cannot address it, the Secretary is empowered to grant the license to two (2) or more interested parties so that, simultaneously, they may take what is necessary to cover it. TITLE III COMMITTEE FOR CLASSIFICATION OF PLANT VARIETIES

The Committee shall be composed of the following member proprietors: 1) The President, the Technical Secretary, and three (3) additional representatives, appointed by the Secretary; and, 2) A representative of the Intellectual Property Directorate. The Committee shall have a Secretary of Minutes, with voice but without vote, appointed by the President. For each proprietor member, his respective alternate shall be appointed. The position of proprietor or alternate member of the Committee shall be strictly personal and may not be performed by means of representatives.

The functions of the Committee shall be the following:

• 1)

  To issue an opinion on the merits of applications for Plant Breeder's title and their registration in the Registry;

• 2)

  To establish procedures for the execution and evaluation of technical field or laboratory tests;

• 3)

  To give its opinion for the formulation of official standards relating to the characterization and evaluation of plant varieties for purposes of description; and,

• 4)

  Such other functions as the Regulation of this Law shall establish.

The Committee shall meet at least four (4) times per year, or when it has two (2) or more matters to address, and may hold sessions as many times as it is convoked by its President. Resolutions shall be adopted by votes of two-thirds of the members present.

To assist itself in its functions, the Committee may constitute technical support groups composed of specialists in each genus or species and may likewise consult or take references from Central American countries. TITLE IV NATIONAL REGISTRY OF PLANT VARIETIES

The Secretary shall establish a registry that shall be public and in which shall be registered, at minimum:

• 1)

  The application for issuance of the Plant Breeder's title;

• 2)

  The certificate of presentation;

• 3)

  The Plant Breeder's title, setting forth: b) The protected plant variety; c) The species to which it belongs; d) Its denomination, common or vernacular and scientific, and any changes approved to the latter; e) The name and address of the titleholder or titleholders or successors of the plant variety, as well as the name, address, and authority, if applicable, of his legal representative; and, f) The validity period and other data of the Plant Breeder's title issued.

• 4)

  The waiver of the rights conferred by numeral 2) of Article 7 of this Law;

• 5)

  The transmissions and encumbrances that, if applicable, are made of the rights referred to in numeral 2) of Article 7 of this Law;

• 6)

  The issuance of emergency licenses as referred to in this Law;

• 7)

  The termination of validity of the certificate of presentation or of the Plant Breeder's title, whether by lapse or expiration of the respective period, as well as the preventive registration of procedures for nullity and revocation of a Plant Breeder's title and its final resolution; and,

• 8)

  The declaration in which it is established that the plant varieties have passed into public domain.

In order to be effective against third parties, both Plant Breeder's titles and the transmission of rights shall be recorded in the Registry.

The Secretary shall guarantee access to the information contained in the Registry registrations.

The Secretary shall publish, in the Official Gazette "La Gaceta" and in such media as it deems appropriate, the registrations that are made in the Registry, the applications for Plant Breeder's title, and any information that it deems of interest regarding the subject matter of this Law. TITLE V ADMINISTRATIVE PROCEDURES

The administrative procedures for nullity, revocation, and imposition of sanctions established in this Law shall be processed and resolved in accordance with this Law and, in matters not provided for herein, in accordance with the Administrative Procedure Law.

The Secretariat shall declare the breeder's right null if it is proven:

• 1)

  That the variety was not new or distinct in accordance with paragraph 1) of Article 13 and on the date of submission of the application or, where applicable, on the priority date;

• 2)

  That, when the grant of the breeder's right was based essentially on information and documents provided by the applicant, the variety was not homogeneous or stable on the aforementioned date; and,

• 3)

  That the breeder's right was granted to a person who was not the one entitled to it, and that the rights holder did not file a judicial assignment claim. Unless otherwise provided in this Law, the breeder's right declared null shall not be considered as not granted. Any person may notify the Secretariat of the existence of facts that may give rise to the nullity of a breeder's title.

The Secretariat may revoke, after conducting the respective procedure, a breeder's title at any time for any of the following circumstances:

• 1)

  When during two (2) years the fees referred to in Article 22 of this Law are not paid;

• 2)

  When it is proven that the relevant characteristics of the plant variety have been altered;

• 3)

  When the holder does not deliver to the Secretariat the propagation material that allows obtaining the plant variety with its relevant characteristics, as they were defined when the breeder's title was granted, after six (6) months from the date it was required;

• 4)

  When it is proven that the plant variety no longer complies with the requirements indicated in paragraphs 3 and 4 of Article 13 of this Law; and,

• 5)

  When the breeder does not propose another appropriate denomination, in case of cancellation of the variety denomination after the grant of the right.

In administrative proceedings for nullity, revocation, and imposition of sanctions, the opposing party or the possibly injured party shall be notified so that, within a period of thirty (30) business days counted from the notification, they may state in writing what their right deems appropriate.

In administrative proceedings for the imposition of sanctions for the infractions established by this Law, the Secretariat may also adopt the following provisional measures:

• 1)

  Order the withdrawal from circulation or prevent it, with respect to plant varieties or propagation material, with which the rights protected by this Law are infringed;

• 2)

  Order the withdrawal from circulation of objects, packages, containers, wrappings, stationery, advertising material, and similar items with which any of the rights protected by this Law are infringed;

• 3)

  Secure the assets that are the object of the violation of the rights protected by this Law; and,

• 4)

  Order the alleged infringer to suspend or cease the acts that constitute a violation of the provisions of this Law. In case any of these measures has been applied, the affected party and the interested parties shall be notified, and this circumstance shall be stated in the record drawn up for such purpose. If the plant variety or its propagation material is in commerce, merchants shall have the obligation to abstain from its sale as of the date the resolution is notified to them. The same obligation shall apply to producers, nursery operators, manufacturers, importers, and their distributors, who shall be responsible for immediately recovering the plant varieties or their propagation material that are already in commerce.

The Secretariat may order the provisional measures referred to in the previous Article, upon request of the interested party. For such purposes, the requestor must prove the existence of a violation of their rights, or that it is imminent, or the possibility of suffering irreparable harm, or the well-founded fear that the evidence will be destroyed, hidden, lost, or altered, as well as comply with the posting of a bond before the Civil Court in the form and amount that the latter determines, without this requiring approval by the Secretariat nor interpretation that it is inappropriate in the Regulation of this Law, providing the information requested and other requirements determined by the legal provisions. The person against whom the provisional measure has been adopted may present a counter-bond in accordance with the Regulation of this Law, to answer for the damages and losses caused by the request thereof, in order to obtain its lifting.

The requestor of the provisional measures referred to in Article 45 of this Law shall be responsible for the payment of damages and losses caused to the person against whom such measures were executed when: 1) The final resolution that has become final regarding the merits of the controversy declares that there was no violation or threat of violation to the rights of the measure requestor; and, 2) A provisional measure was requested and the administrative procedure before the Secretariat regarding the merits of the controversy was not initiated within one hundred twenty (120) days, counted from the execution of the measure.

The destination of the secured assets, as well as matters related to the granting and application of the bond and counter-bond, shall be in accordance with what the Regulation of this Law provides.

When the Secretariat acts as arbitrator, an arbitral commission shall be formed, presided by the head of the Legal Advisory of the Secretariat itself.

The Arbitral Commission shall act as amicable arbiter, or as arbitrator of strict law, as agreed by the parties. It shall resolve matters in accordance with the provisions of this Law and its Regulation. TITLE VI OF INFRACTIONS

The Secretariat shall impose, for the infractions indicated below, the following fines:

• 1)

  To modify the denomination of the protected plant variety without authorization from the Secretariat, from two hundred (200) to two thousand (2,000) days of minimum salary;

• 2)

  To pose as the holder of a protected plant variety without being so, from five hundred (500) to three thousand (3,000) days of minimum salary;

• 3)

  To divulge or commercialize a plant variety as being of foreign origin when it is not, or to divulge or commercialize a plant variety as being of national origin when it is not, from three hundred (300) to three thousand (3,000) days of minimum salary;

• 4)

  To oppose the verification visits carried out in accordance with this Law, from three hundred (300) to three thousand (3,000) days of minimum salary;

• 5)

  To commercially exploit the characteristics or content of a protected plant variety, attributing them to another plant variety that is not protected, from one thousand (1,000) to ten thousand (10,000) days of minimum salary;

• 6)

  To fail to comply with or violate the measures established in Article 45 of this Law, from one thousand (1,000) to ten thousand (10,000) days of minimum salary;

• 7)

  To use or exploit a protected plant variety, or its propagation material, for production, distribution, or sale without the authorization of the holder, from two thousand (2,000) to ten thousand (10,000) days of minimum salary; and,

• 8)

  Other violations of the provisions of this Law and its Regulation, from two hundred (200) to five thousand (5,000) days of minimum salary. For these purposes, the minimum salary in effect in the country on the date of the infraction shall be considered. In imposing sanctions, the Secretariat shall take into account the gravity of the infraction, as well as the antecedents, personal circumstances, and socioeconomic situation of the infractor. In case of recidivism, a fine shall be applied of up to double the maximum limit of the corresponding sanction. TITLE VII FINAL PROVISIONS

Without prejudice to the provisions of paragraph 1) Article 13, a breeder's right may also be granted for a variety that is no longer new on the date this Law enters into force with respect to the species considered, under the following conditions: 1) The application must be submitted within the year following the aforementioned date; and 2) The variety must have been registered in the National Variety Register referred to in the Seed Law or have been the subject of a breeder's right or be the subject of a breeder's right application in a State or an Intergovernmental Organization that is a Party to the International Convention for the Protection of New Varieties of Plants, provided that the application results in the grant of the breeder's right.

The duration of the breeder's right granted by virtue of Article 52 shall be calculated from the aforementioned date of registration, or from the date of grant of the breeder's right.

When a breeder's right has been granted by virtue of Article 52, the holder shall grant licenses, under reasonable conditions, to permit the continuation of any exploitation begun in good faith by a third party before the aforementioned submission of the application.

The Intellectual Property Office shall remit to the Secretariat, within six (6) months from the date this Law enters into force, the applications of breeders of plant varieties in all genera and species that were submitted to it prior to the entry into force of this ordinance.

With respect to patent applications to protect plant varieties that are in process under the Law for the Promotion and Protection of Industrial Property, applicants may avail themselves of the benefits granted by this denomination within six (6) months following its entry into force, through a written petition submitted to the Secretariat of State in the Ministries of Agriculture and Livestock.

The rights acquired by patents that may have been granted shall be fully respected.

While the Executive Branch issues the Regulations for this Law within a period of ninety (90) days, the administrative and regulatory provisions relating to the Industrial Property Law shall apply, in a supplementary manner and insofar as they do not contradict it.

All other administrative provisions that contradict the provisions of this Law are hereby repealed.

This Law shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Chamber of Sessions of the National Congress, on the twelfth day of the month of March of the year two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., March 13, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE MINISTRIES OF AGRICULTURE AND LIVESTOCK (SAG). JACOBO REGALADO WEIZERNBLUT