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STUDY ON THE APPLICABILITY OF INDUSTRIAL PROPERTY LAW AS A MEANS OF PROTECTION OF PLANT BREEDER’S RIGHTS IN CHILE
The paper is concerned with the lack of regulation of civil actions in defense of the breeder’s right in Law No. 19342. It critically analyzes the claiming action in favor of the holder of the right in matters of breeder’s right and grants him the ownership of the plants. The nature of the breeder’s right and the purpose of the defense actions are studied. This legal nature is not that of a property right, but is an exclusive power to authorize acts of multiplication of the protected variety. This has been observed since the approval of the current Law. In our opinion, it is not correct to apply copyright and property rights to this matter. The study considers that the gaps in Law No. 19342 should be filled by means of article 106 and concordant articles of Law No. 19039 due to their similarity with patents. The explanatory notes of UPOV and the future legislation in Chile on plant breeder’s rights point to a system of actions different from the claiming action, but similar to the Industrial Property Law.