Plant Varieties office of Brazil is known as Serviço Nacional de Proteção de Cultivares - SNPC (National Plant Varieties Protection Service), Secretaria de Desenvolvimento Agropecuário e Cooperativismo - SDC
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:
- 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
- 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