Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-Table-III.21 |
Paraguay |
2017 |
Measures |
Technical regulation or specifications |
Agriculture, Chemicals, Other |
Relevant information
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Table 3.21 Principal regulatory instruments composing Paraguay's legal framework for sanitary and phytosanitary measures
Number and date Title
Law No. 2.135/03 of 30 January 2003 Approving the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
Law No. 2.309/03 of 3 December 2003 Approving the Cartagena Protocol on Biosafety to the Convention on Biological Diversity
(...)
Law No. 3.481/08 of 6 June 2008 Promotion and control of organic production
(...)
Decree No. 4.577/10 of 17 June 2010 Implementing Law No. 3.481/08 on promotion and control of organic production
Decree No. 9.699/12 of 19 September 2012 Establishing the National Commission for Agricultural and Forest Biodiversity (CONBIO)
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Keywords
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Hazardous
Bio
Organic
MEAs
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-III§194 |
Paraguay |
2017 |
Measures |
Other environmental requirements |
Agriculture, Forestry |
Relevant information
|
Activities involving genetically modified organisms (GMO) are governed by Decree No. 9.699/12, which established CONBIO. This Decree repealed Decree No. 18.481/97 creating the Biosafety Commission (COMBIO), and Decree No. 12.706/08 supplementing and amending Decree No. 18.481/97. The MAG is responsible for starting up CONBIO's operations and for granting authorization for controlled testing, pre-sale release, release for sale and other proposed uses of GMOs for incorporation into agricultural or forestry production, on the basis of the decision taken by CONBIO. The MAG authorizes release for sale of GMOs on the basis of a decision by CONBIO.
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-III§196 |
Paraguay |
2017 |
Measures |
|
Agriculture, Forestry |
Relevant information
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CONBIO has the following tasks: (a) to evaluate GMOs used in the agricultural and forestry sectors or which it is sought to introduce into Paraguay, and to recommend, where applicable, authorization for their use in Paraguay for the purpose proposed; (b) to advise and decide on matters relating to the introduction, field testing, pre-sale release, release for sale and other proposed uses of GMOs; (c) to help to ensure that natural and legal persons working with GMOs comply with biosafety measures; and (d) to propose biosafety standards, contingency plans in case of accidental release, and biosafety measures in cases of failure to comply with the standards, as well as to give opinions on matters within its competence.
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-III§198 |
Paraguay |
2017 |
Measures |
General environmental reference |
Agriculture |
Relevant information
|
Promotion and control of organic products are governed by Law No. 3.481/08 on the promotion and control of organic production and its implementing Regulations (Decree No. 4.577/10). The texts designate the authorities for promotion (MAG); accreditation (ONA); and registration, monitoring and control (SENACSA and SENAVE) for this purpose. They also define the procedure for certification and control and the sanctions applicable in cases of failure to comply with the obligations in the Law.
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-Table-III.25 |
Paraguay |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
|
Table 3.25 Overview of the protection of intellectual property rights in Paraguay, February 2017
Subject/legislation Coverage Term Observations, limitations and exclusions
(...)
Patents
Law No. 1.630/00 of 29 November on patents, as amended by Law No. 4.798/12 of 31 December 2012 creating DINAPI, Law No. 2.047/02 of 10 December 2002 and Law No. 2.593/05 of 17 June 2005
Decree No. 14.201/01 of 2 August 2001 implementing Law No. 1.630/00; supplemented and partially amended by Decree No. 8.069/11 of 23 December 2011 Any invention, whether product or process, that is new, involves an inventive step and is industrially applicable; pharmaceutical products since January 2005. 20 years from the date of filing the application, non renewable. The following may not be patented: plants and animals, with the exception of microorganisms, and essentially biological processes for the production of plants and animals that are not non biological or microbiological processes; products or processes that are included in the state of the art; and inventions whose commercial exploitation must be prevented in order to protect public order, morality, human, animal or plant life or health and the environment.
Compulsory licences may be granted three years after the grant of the patent or four years after the filing of the application if the invention has not been exploited or "no serious and effective preparations have been made to do so", or if exploitation has been suspended for a period of more than one year, provided that the non use is not attributable to force majeure (difficulties of a technical or legal nature outside the control of the patent holder, which render the working of the patent impossible, or lack of resources or economic viability).
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-III§264 |
Paraguay |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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In order to be protected, patents must relate to new inventions of products or processes involving an inventive step and be industrially applicable (Article 3 of Law No. 1.630/00). Since January 2005, it has also been possible to patent pharmaceuticals, pursuant to Law No. 2.047/02. The following may not be patented: plants and animals, with the exception of microorganisms, and essentially biological processes for the production of plants or animals that are not non-biological or microbiological processes; products or processes that are included in the state of the art; and inventions whose commercial exploitation must be prevented in order to protect public order, morality, human, animal or plant life or health and the environment (Article 5 of Law No. 1.630/00).
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-IV§3 |
Paraguay |
2017 |
Sectors |
General environmental reference |
Agriculture, Energy, Forestry |
Relevant information
|
During the review period, there were various changes in Paraguay's institutional framework for agriculture and forestry, such as the establishment of the Paraguayan Agricultural Technology Institute (IPTA) in 2010 and the National Agricultural and Forest Biosecurity Commission (COMBIO) in 2012. The IPTA's main objective is the generation, reclamation, adaptation, validation, dissemination and transfer of agricultural technology and the management of agricultural and forest genetic resources. It is also responsible for developing research programmes and technologies for increasing productivity and competitiveness. Moreover, since 2011 the MAG has had an agro energy department in the Agricultural Outreach Directorate, whose main task is certifying domestic raw materials for producing biofuel, biomass and biogas.
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-Table-IV.1 |
Paraguay |
2017 |
Sectors |
General environmental reference |
Agriculture, Forestry |
Relevant information
|
Table 4.1 Plans and policy instruments relating to the agricultural sector, 2016
Plan Main features
Agricultural Strategic Framework 2014 2018 Roadmap for agricultural and rural development. Based on six main pillars: (i) agricultural competitiveness; (ii) development of family farming and food security; (iii) sustainable development of forestry and provision of environmental services; (iv) livestock and farming development; (v) risk management associated with variability and climate change; and (vi) social integration, employability and rural entrepreneurship. Contains general and specific programmes under each heading.
Institutional Strategic Plan 2014 2018 The MAG's principal medium term management tool. Has four strategic objectives: to promote agricultural competitiveness; to strengthen family farming (both of these for the purpose of introducing agricultural products into the domestic and international market); strengthening the MAG; and the sustainable management of productive natural resources such as forests, soil and water.
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Keywords
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Forest
Environment
Sustainable
Climate
Natural resources
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-IV§16 |
Paraguay |
2017 |
Sectors |
Not specified |
Agriculture |
Relevant information
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The green box support notified to the WTO related to general services (research, pest and disease control, diseases, agricultural extension services, agricultural training, and marketing); domestic food aid; assistance with restructuring through investment aids; and environmental programmes. The measures notified as being exempt from reduction commitments included investment subsidies generally available for agriculture and subsidies for agricultural inputs generally available for low income or resource poor producers (Table 4.2).
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Keywords
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Secretariat TPR |
WT/TPR/S/360/REV.1 |
S-Table-IV.2 |
Paraguay |
2017 |
Sectors |
Grants and direct payments |
Agriculture |
Relevant information
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Table 4.2 Domestic support, 2010 2013 and 2015
(US$ 1,000)
2010 2011 2012 2013 2015
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Sustainable Rural Development (PRODERS) n/a 3,477 8,618 9,759 11,441
(...)
Sustainable Development of the Western Region n/a 1,357 1,947 n/a n/a
(...)
National Biofuel Programme n/a 101 65 69 n/a
(...)
Soil Management, Conservation and Reclamation n/a 506 2,646 558 997
(...)
Procurement of agricultural inputs for the sustainable management of natural resources n/a n/a 1,033 350 n/a
(...)
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Keywords
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Bio
Sustainable
Soil
Conservation
Natural resources
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