Abstract

VARGAS-CHAVES, Iván. The usurpation of plant breeders’ rights in Colombia: a prohibition error analysis. Rev. Crim. [online]. 2024, vol.66, n.2, pp.109-123.  Epub Sep 23, 2024. ISSN 1794-3108.  https://doi.org/10.47741/17943108.608.

The aim of this article is to analyse the critical scenario that occurs in article 306 of the Penal Code, which criminalises the offence of usurpation of plant breeders’ rights, based on the figure of the error of prohibition. The way in which peasants incur in this legal situation is analysed, insofar as, as a specially protected group, they depend on traditional practices that they use on a daily basis, as well as on native or creole seeds to guarantee their food sovereignty. The documentary analysis methodology chosen made it possible to study and carry out an external analysis based on a systematic interpretative approach, the set of norms of domestic, international and supranational law on plant varieties, as well as jurisprudence and specialised doctrine in this field.

As a contribution, the article concludes that, in a State governed by the rule of law, the error of prohibition as a figure is key for all individuals, including peasants, to act with security and confidence, without fear of being penalised for acts that, in addition to being considered lawful, are fundamental for their subsistence and food sovereignty.

Keywords : Usurpation of plant breeders’ rights; plant varieties; farmers’ rights; food sovereignty; prohibition error.

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