Member of International Treaties

• Paris Convention for the protection of Industrial Property.

• Agreement on Trade Related Aspects of Intellectual Property – TRIPS.

• Union for the Protection  of New Varieties of Plants (UPOV)

Plant Breeder's Rights Legislation

- Plant Breeders Rights in Brazil are protected by: 

- Plant Breeders Rights Act 1994 

- Seeds Law

- Bioprospecting Legislation with access and benefit sharing provisions

- Plant Variety Protection

Basic regarding protection of Plant Breeder's Rights

Protection accorded by PBR:

i.  Essentially Derived Varieties 

ii.  New Plant Varieties

What are protected under Plant Breeder's Rights

The Act  protects  New Plant Varieties which are:

-  Novel

- Distinct

- Uniform

- Stable

- Designated by proper denominations

What are not protected under Plant Breeder's Rights

The Act  does not protect  the denomination given to such variety, if the:

i.   Proposed denomination is expressed in the form of numerals only.

ii.  Designation of the proposed plant variety is not different from existing plant varieties.

iii. designation should not mislead regarding the essential characteristics of the proposed plant variety. 

Who may apply under Plant Breeder's Rights

- Breeders 

- Employers

- Heirs and Successors – in – title 

Filing Requirements under Plant Breeder's Rights

• the name and address of the applicant and breeders

• application to refer to a single plant variety

• all documents to be submitted in Portuguese

• voucher towards payment of fees towards the filing of the application

the botanical species

• name of the plant variety and the generic origin

• evidence of DHS characteristics in the case of national and foreign plant  varieties

• a statement attesting commercialisation of the plant variety within the country or abroad

• such other particulars (if any) as are required by the approved form.

Examination Process and grant

-  Upon receipt of the application, it is formally examined to confirm compliance with all the requisites. 

-    Upon application being compliant, it is published .

-    Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit

-     There being no objections or objections successfully overcome by the application,  registration granted to the applied variety.

Rights of the owner under Plant Breeder's Rights

Owners of the registered plant variety may:

• produce and reproduce the propagating material

• Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety

• Condition the propagating material for the purposes of propagation

• Sale, Export, Import the material

• Assign, Sell, Transfer the material to other parties

• Stock the propagating material for all of the above acts 

Duration of Registration:

18 yrs. – Vines, fruit bearing trees, forest and ornamental trees

15 yrs. -  All other varieties

Compulsory Licence provision

Authorities may issue compulsory licenses in the following circumstances, 3 yrs. post provisional grant of protection, except where abuse of power is found :

• The protected plant variety is unavailable in the market at reasonable prices

• Maintenance of the plant variety is being unduly hindered by the holder of the plant variety protection rights

• To ensure regular distribution of the plant variety

• To ensure maintenance of quality in the protected plant variety

Cost of registration

To order a quotation regarding expenses and the fee schedule :contact@paritypatent.com