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Chile - New Law Bars the Registration of Names of Plant Varieties as Trademarks

Chile has enacted the Law on Plant Breeders' Rights Protection, which should enter into effect shortly. In general this will follow the provisions of the International Convention for Protection of New Varieties of Plants (UPOV). Under the provisions of the new law, plant variety names will be considered generic and, therefore, will not be considered registrable or protectible as trademarks. The law also provides that existing trademark registrations for plant variety names may no longer be renewed.


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