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BOE-A-2026-16336 ·27 July 2026 ·orden not-relevant
Administrative

Plant variety titles: extinction of plant variety rights due to holder renunciation

Order APA/772/2026 provides for the extinction of breeder's rights and the subsequent cancellation of plant variety titles in the Register of Protected Varieties for the varieties listed in its annex (Art. 28.1 and 28.3 Law 3/2000). This measure is taken at the request of the holders themselves, who have renounced their rights over said species. This resolution exhausts administrative remedies, allowing for appeals for reversal within one month or contentious-administrative appeals before the National High Court within two months (Art. 114 Law 39/2015).

In 3 key points

  1. Extinction of rights due to holder renunciation and cancellation of the title in the Register of Protected Varieties, Art. 28.1 and 28.3 Law 3/2000. (art. 28.1 y 28.3 Ley 3/2000)
  2. Entry into force on the day following its publication in the BOE, Art. 114 Law 39/2015. (Orden APA/772/2026)
  3. Appeal for reversal before the Minister within one month, Art. 114 Law 39/2015. (art. 114 Ley 39/2015)

How it affects those involved

For companies and holders of the plant varieties listed in the annex (such as MAY 558, MAS SEEDS, or RUSTICAS DEL GUADALQUIVIR, SL), the regulation formalises the loss of legal protection over their varieties through the cancellation of their titles in the Register (Art. 28.3 Law 3/2000). This implies they will no longer be able to exercise exclusivity rights over the mentioned species (cotton, strawberry, bean, maize, mandarin, peach, walnut, etc.).

Lifecycle

2026-07-27PublishedPublished in the BOE
2026-07-28Into forceComes into force (La presente orden surtirá efectos el día siguiente al de su publicación en el «Boletín Oficial del Estado».)
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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