prove that the original seed was legally bought, and the saved seed was obtained from the
original, legally bought seed. Next, the saved seed should be specifically set aside and
distinguished from other varieties. Finally, the farmer must show the purpose of use,
noting the prohibition on any transfer or sale of the saved seeds.48 The Norm increased
the difficulty for farmers to save seed for other purposes, as it tried to control the trade of
non-legal varieties.
In 1994, Law No. 24376, enacted on September 21, modified the Law No. 20247
and its Decrees,49 bringing the legislation up to the guidelines set by the International
Agreement for the Protection of the Vegetal Obtentions (UPOV/78), approved in Paris,
France in 1961 and modified in Geneva, Switzerland in 1972 and 1978.50 Law No.
24376 approved the UPOV agreement and established that the clauses of this agreement
should prevail over the regulations of Law No. 20247 and its regulatory decrees.51 The
changes with respect to the previous legislation are not too relevant, except for the
political decision to be a part of the UPOV international agreement.52 That said, the
adoption of the UPOV 1978 guidelines is a limited gesture since the UPOV 1978
guidelines are not as thorough as the more recent UPOV 1991 agreement, which has not
yet been adopted in Argentina.53
Due to the economic crisis in 2000, the Executive Power ordered the Secretary of
Agriculture to close the INASE, leaving the regulatory regime for new varieties without
any management.54 The Institute was reopened in 200455 by Law No. 25845.56 The
48 See Secretaria de Agricultura Ganaderia y Pesca [SAGyP], Resolucion INASE No. 35/96 art. 1 (Feb.
28, 1996), available at http://www.inase.gov.ar/tikiwiki/tiki-
list_file_gallery.php?galleryId=2&offset=0&sort_mode=description_desc.
49 See Law No. 24376, Oct. 20, 1994, Honorable Congreso de la Nacion Argentina, October 25, 1994,
B.O. No. 28003, available at http://infoleg.mecon.gov.ar/infolegInternet/anexos/0-
4999/768/norma.htm.
50 See International Union for the Protection of New Varieties of Plants, The UPOV System of Plant
Variety Protection, http://www.upov.int/en/about/upov_system.htm (last visited Feb. 24, 2006)
(describing the UPOV system of plant protection).
51 See Law No. 24376, Oct. 20, 1994, supra note 79
52 See id.
53 See http://www.sagpya.mecon.gov.ar/ (documenting the evolution of legislation and the adoption of
the UPOV 78 treaty);see also Proteccion Legal De Obtenciones Vegetales,
http://www.proyectonacion.entupc.com/proyectosart/proteccion_legas_obtecion_vegetales.htm (last
visited Feb. 24, 2006) (describing a bill presented this year in Congress by Congressmen Eduardo Di
Cola proposing the adoption of UPOV 91).
54 See FRANCISCO PIROVANO, U.S. DEP’T OF AGRIC., GAIN REPORT AR4022: ARGENTINA PLANTING SEEDS
ANNUAL 2004 4 (2004) (noting that although the INASE was dissolved in 2000 due to a lack of budget, it
was reactivated on January 6, 2004 “to assure quality and proper identification of the seed to be
marketed, to promote the supply of improved varieties through the protection of their property rights,
to foster production and marketing of planting seeds as a way to improve crop production in
Argentina”).
12