Essentially derived varieties in Uruguay: scope and effects of the recent legal reform

Iván Milic

A key step for plant innovation protection in Uruguay

Uruguay continues to move forward towards the international standardization of intellectual property rights. Following its October 2024 accession to the Patent Cooperation Treaty (PCT), Uruguay has recently incorporated —through the 2025-2029 Budget Law—provisions that expressly recognize essentially derived varieties (EDVs) and the rights of their holders.

This amendment represents a significant step in the plant variety protection regime and aligns with the international standards set forth in the 1991 Act of the UPOV Convention (International Union for the Protection of New Varieties of Plants). It is important to note that this regulatory change does not imply Uruguay’s accession to the UPOV ’91 Act, as the country remains bound by the UPOV ’78 Act, as is the case with Argentina. Nevertheless, the recognition of essentially derived varieties constitutes one of the core—and most significant—pillars of the UPOV ’91 system.

The incorporation of essentially derived varieties: definition, rights, and limits

Plant varieties in Uruguay are protected under Law No. 16,811, recently amended by the Budget Law. As a result of this reform, the legal framework now incorporates the definition of an essentially derived variety, understood as a variety that:

1. is predominantly derived from an initial variety, or from another variety that is itself predominantly derived from that initial variety, while retaining the expression of the essential characteristics resulting from its genotype or combination of genotypes;
   
2. is clearly distinguishable from the initial variety; and
   
3. except for the differences resulting from the act of derivation, conforms to the initial variety in the expression of its essential characteristics.
   

The definition reproduces almost entirely the one set forth in the UPOV ’91 Act, evidencing a clear intention to align with contemporary international standards for plant breeding protection.

Within this framework, ownership rights over a plant variety grant the holder an exclusive right conferred by the State, to prevent third parties from carrying out unauthorized acts of exploitation of the protected variety during a specific period. This constitutes a key instrument to incentivize innovation and development in the agricultural and biotechnological sectors.

The amended legislation further provides that essentially derived varieties may be obtained through any genetic plant breeding technique, listing—on a non-exhaustive basis—various methodologies. This technical openness is particularly relevant in light of current and future scientific advances.

Another central aspect of the reform concerns the extension of the rights conferred by the cultivar property title. Said rights also extend to essentially derived varieties of the protected initial variety, provided that the latter is not itself an essentially derived variety. This criterion—consistent with both the letter and spirit of the UPOV ’91 Act—seeks to prevent a cascade protection that dilutes the concept of initial variety and leads to an undue expansion of rights.