COUNTRY : FEDERATIVE REPUBLIC OF BRAZIL
CAPITAL : BRASILIA
LANGUAGE : PORTUGUESE
INTERNATIONAL TREATIES TO WHICH BRAZIL IS SIGNATORY
- 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 BREEDERS 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
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- New Plant Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The Act does not protect the denomination given to such variety, if the:
- Proposed denomination is expressed in the form of numerals only.
- Designation of the proposed plant variety is not different from existing plant varieties.
- Designation should not mislead regarding the essential characteristics of the proposed plant variety.ParityPatents Law Firms through its Attorney and Law Firms in Brazil is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Heirs and Successors – in – title
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the Act to contain the following requisites:
- 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 OF PLANT BREEDERS RIGHTS:
- 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 OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
18 yrs. – Vines, fruit bearing trees, forest and ornamental trees
15 yrs. – All other varieties
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
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
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.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Brazil, can assist you comprehensively with PBR Compulsory Licence matters.