Main Aspects Of Plant Protection In Brazil And Its Changes Over These Twenty Years

Plant variety protection (PVP) was discussed in Brazil for the first time in 1976 with the intention of drafting a law that would regulate intellectual property concerning plant breeding since the Brazilian Patent Law never permitted and until now it does not permit protection for any kind of plant. At that time, the matter was restricted only to the people that worked in the Ministry of Agriculture, without greater involvement of the Government and social sectors.

Some years after, due to the advance of the used techniques for planting and the increased investment in agricultural researches, new vegetable species and improved seeds were obtained. In view of this, there was a real need in establishing a regulation that would guarantee some benefit to the breeder/creator to continue investing in this area. Within this context, the Cultivar Protection Law (LPC) was created and promulgated entering into force on April 25, 1997. On this date, Brazil ratified its option by using a sui generis protection mechanism, promulgating the first legislation that ensured the rights to the breeders - Law No. 9456 (Plant Variety Protection - LPC), regulated by Decree No. 2366 of November 5, 1997. In addition to the implementation of the LPC, the National Congress approved, through Legislative Decree No. 28 of 19 April 1999, the text of the International Convention for the Protection of New Varieties of Plants, as Act of 1978. Then, the President of the Republic promulgated the Convention by Decree No 3109 of 30 June 1999, confirming the Brazil's accession to the International Union for the Protection of New Varieties of Plants (UPOV). Subsequently, the National Plant Variety Protection Service (SNPC) was created and the responsible body for the management of administrative and technical aspects related to this theme became the Ministry of Agriculture, Livestock and Food Supply (MAPA). In summary, from that date on vegetable varieties have been protected in Brazil as cultivar.

Cultivars are species of plant that have been improved by changing or by artificial introduction of features that the plant previously did not have and based on their productive characteristics, appearance or other that make it interesting for cultivation. The used technique for plant breeding encompasses from traditional techniques of crossing and selecting between plants until the use of genetic engineering. For granting protection, it does not matter whether the method of obtaining...