Plant Varieties

Are varieties of any superior vegetable genders or species that is clearly distinct from other plant varieties known for the minimum description, duly named, that is homogenous and stable with regards to description through successive generations and is subject to use by agricultural-forest complex, described in specialized publication available and accessible to public, as we as the hybrid component lineage (Law 9456/97, art. 3º. IV).

Dealing with creations regarding new plant varieties, including, specially, seeds and other reproductive material, it is one of the most important forms of protection in Brazil, as it affects great part of our agriculture.

Are the ones for its grand: Distinctiveness, homogeneity, stability, novelty and utility, as well as a name.

Art. 4º. of Law 9456: May be Protected as a new plant variety or a essentially deriving variety, of any vegetable gender or species.

§ 1º Are also subject to protection the plant varieties that do not fit the established in the caption and that has already been offered for sale until the date of the filing, observed the following additional conditions:

• That the Protection request be presented until twelve months after accomplished in § 2º of this article, for each species or plant variety
• That the first plant variety commercialization has occurred, tem years or less from the protection request
• the Protection shall have effects solely for use of the plant variety to obtain deriving plant varieties
• Protection shall be granted for the remaining period established in art. 11, considering, for such purposes, the date of first commercialization.

Plants found or obtained in nature.

Protection may be required by the individual or corporation that has obtained the plant variety, through their heirs, successors or eventual transferees, presenting the due documents.

Art. 40 of Law 9456: Protection of the plant variety terminates:

• By the end of the term established by Law
• Waiver of owner or his successors
• Cancelation of the Protection Certificate according to art. 42

Waiver to the protection shall only be admitted when not affecting third party rights.

The Protection Certificate shall be cancelled ex officio or by requirement by any interested party, in any of the following hypothesis:

• Loss of homogeneity or stability
• Lack of payment of due annuity
• When the requirements of art. 50 are not fulfilled
• By the lack of presentation of a living sample, as established by art. 22

It shall be individual per country, with or without priority*. In case of countries that are part of the European Community, the invention can be required and validated to all Europe.

* According to the Paris Convention, signed by Brazil and other 172 countries, the right to priority for trademarks requests in these countries is 6 (six) months from the presentation of the first requirement in one of the signing countries

The industrial design may be extinct and his object shall be in public domain due in the following hypothesis:

• termination
• waiver of its owner, except for third party rights
• lack of payment of the five year retribution
• if the owner resides abroad and not maintain a resident in the Country duly empowered to represent him administratively, judicially or receiving summons.