be an advisory committee to the Secretary of Agriculture34 and other specific agencies
created by this Decree.35 Second, a new agency, the National Seed Service (Servicio
Nacional de Semillas, SENASE) was created to be in charge of managing and enforcing
the regulatory regime for new varieties.36 As a result, all the activities concerned with the
management of the system were concentrated in a specific government agency instead of
being dispersed among different secretaries inside the Secretary of Agriculture.
Accordingly, this change would allow the government to focus on enforcement and the
definition of norms for the market of new varieties. Third, the Decree defined the
specific steps and requirements for registration of a new variety and the granting of
property rights.37 Fourth, the Decree defined the different types of plants that could be
registered, including seeds or germ and phytogenetic breeding varieties.38 Fifth, the
special “restricted public use” right of the Executive Power was preserved.39 Finally, the
use of saved seed was restricted only for research purposes and farmer’s privilege.40
Nonetheless, Decree No. 2817 of December 30, 1991, created the National Seed Institute
(Instituto Nacional de Semillas, INASE), which replaced the SENASE in the
management of Law No. 20247.41 This agency is in charge of the national registry for
varieties and property of seeds, the enactment of rules regarding the management of the
system, and the enforcement of the regulations of the law.42 By creating this new agency,
regulations which Argentina now possesses for the commercial release of a transgenic event.
Three years ago, the Association of Agricultural Technology Chambers (ACTA) was set up and
groups together the sectors providing technological material for agricultural production, seeds (ASA),
agrochemicals and fertilizers (Chamber of Plant Health and Fertilizers - CASAFE), veterinary products
(Chamber of Veterinary Producers - CAPROVE) and agricultural machinery (Association of Tractor
Manufacturers - AFAT), which has been acquiring major importance in agro-industrial production
activities, and is the most important in Argentina.
As a result of the work of those institutions, Argentina acceded to the 1978 Act of the UPOV
Convention and discussions regarding accession to the 1991 Act of the UPOV Convention are very
advanced.”
Domingo, (2003), at 11.
34 In this text, “Secretary of Agriculture” and “Ministry of Agriculture” are the same, since the Ministry
of Agriculture was renamed to Secretary of Agriculture in the early 1990s. Its role in the government
continues to be the same.
35 Chapter II of the Decree established the role of the CONASE. Decree No. 2183/91, supra note 62.
36 Chapter III of the Decree No. 2183/91 established the main activities for the Servicio Nacional de
Semillas. See id.
37 Chapters V to VII of the Decree No. 2183/91 describe the procedures for registration of new
varieties. See id.
38 See id.
39 See id.
40 Article 41 of the Decree No. 2183/91 establishes the different cases in which authorization from the
owner of the variety is needed. See id.
41 See Decree No. 2817/91 Poder Ejecutivo Nacional, April 6, 1992, B.O. No. 27363, at 3. available at
http://infoleg.mecon.gov.ar/infolegInternet/anexos/5000-9999/8052/texact.htm.
42 See id.
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