FIGURE 2. Timeline of Argentine Legislation82
Plant V arieties
1935
1970
1978
1991
1994
Seed Law
Creation
CONASE
Enforcement Law
1970
Decree 2183
Creation
SENASE
Law 24376
UPOV 78
2000
2004
---∙→∙
INASE re-opened
INASE closed
Decree 2817
Creation INASE
Changes in
Regulations to obtain
permits for use of
GMOs
Creation
Biotechnology Area Creation Office of
Biotechnology
Genetically
Modified Organisms
1991 1992
1996 1997 1998
2001 2003 2004
1864
Patents ⅛
First Patent Law
Creation of Rules for
CONABIA Obtaining GMOs
Authorization
First authorization for
use and
commercialization
1995
Reform Patent Law
No plant patents
Creation National
Advisory Commission for
Agriculture
Biotechnology
2001
—∙--►
Law allowing patenting
of biotechnology
products and organisms
As Figure 2 shows, the legal framework for plant varieties, both genetically and
non-genetically modified is diffuse, complex, and rapidly changing, producing
complaints and hesitation from seed producers. This particular system has been widely
criticized by international seed producers. For example, Monsanto decided to stop selling
soybean seeds in Argentina because its Roundup Ready soybean variety was being
widely used by farmers who did not pay royalties or user rights of any kind.83 As a
consequence, they decided to stop the commercialization of any soybean varieties in the
country, given the lack of protection. The government has tried to find a solution without
having to change the legal framework—a daunting task given the economic interests at
stake—by proposing the creation of a tax.84
82 For figure data, see generally http://www.sagpya.mecon.gov.ar (last visited Mar. 18, 2006).
83 See Tony Smith, Argentine Soy Exports Are up, but Monsanto Is Not Amused, N.Y. TIMES, Jan. 21,
2004, at W1.
84 See Argentina to Propose New Royalty Payment Rules for GM Seed, SEEDQUEST, Jan. 27, 2005,
19
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