By Moeller IP
Brazil, in line with other South American countries, like Mexico or Argentina, does not consider new plant varieties eligible for patent protection. Cultivars can be protected through the Brazilian Plant Variety Protection Law enacted in 1997, Law 9456/1997, and that has incorporated the provisions of the 1978 UPOV Convention.
The PVP law grants the breeder a substantial set of rights: the breeder has the exclusive right to produce and commercialize the plant variety in Brazil and third parties need to obtain a previous authorization from the owner in order to do that. The protection starts from the date of the Provisional Certificate of Protection and lasts for 15 years for all the vegetal species except for grapevines, fruit trees, and ornamental trees, including their rootstock, in which case it lasts for 18 years.
Patentability of New Plant Varieties
Article 10 incise IX and article 18 incise III and single paragraph of the Brazilian IP law, Law 9279/96, expressly deny patentability to new plant varieties. In particular, article 10 caput and incise IX state that “all or part of natural living beings and biological materials found in nature (…) including the genome or germoplasm of any natural living …Read More