New Plant Varieties
– The Federal Law on Plant Varieties of October 25, 1996, amended on April 9, 2012.
– Regulation of the Federal Law on Plant Varieties of September 24, 1998.
Membership in International Conventions
– WTO’s TRIPS Agreement, since January 1, 1995.
– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act, since August 9, 1997.
Filing and Protection
The Law establishes the bases and procedures for the protection of rights for the obtention of plant varieties.
Conditions for protection: a plant variety must be new, distinguishable, stable and homogeneous.
Filing requirements for an application (to be sent to resident agent):
1. To propose a denomination and trademark associated with the varierty;
2. To specify the genealogy as well as the origin of the plant variety;
3. To submit the plant variety or its propagation material (if requested);
4. Notarized and legalized power of attorney;
5. Description, preferably according to UPOV guidelines;
6. Photographs (at least 2);
7. Payment of official fees;
8. Certified copy and translation of the priority document, if any.
Foreign applicants: national treatment applies.
Priority: priority rights are recognized within the twelve-month period following the variety’s presentation in another country with which there is a treaty in this matter.
Filing authority: the Ministry of Agriculture and Rural Development through the National Service of Seeds Inspection and Certification (SNICS).
Duration of the protection: eighteen years for perennial species (forest, fruits, vines and ornamental) and their implant-carriers, and fifteen years for other species, not included in the perennial type.
Nullification – revocation: there is a nullity procedure whenever the requirements of the law were not fulfilled, and the revocation of the plant variety obtention title whenever its characteristics have been altered.
Infringements: are considered infringements: to modify the denomination of the plant variety; to pretend being the owner without being it; to produce, distribute, or sell a variety without authorization.