– 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.
– Federal Law for the Production, Certification and Commerce of seeds of June 15, 2007.

– 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.

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 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 rootstocks, 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. Any interested party may offer information leading the authority to start the nullity procedure, and the revocation of the plant variety obtention title whenever: the maintenance fees have not been paid during two years, the plant variety's characteristics have been altered, propagation material was not submitted according to the law or when the plant variety lost the conditions for filing.

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.