IDS debates the protection of plant-related innovations by Intellectual Property Rights in Brazil

IDS debates the protection of plant-related innovations by Intellectual Property Rights in Brazil

Last Wednesday (13), the Dannemann Siemsen Institute (IDS) held another IDS Agenda event, this time with the aim of debating relevant issues involving Intellectual Property (IP) protection in Brazil for plant-related innovations. The event was presented by Dannemann Siemsen partners Pedro Moreira and Pedro Henrique Borges de Figueiredo, who explored how these topics are being addressed in Brazil, with a focus on biotechnology patents and the protection of plant varieties. Among the points discussed, the speakers dealt with the validity and enforcement of plant variety protection in Brazil and patent protection in Brazil for plant-related technologies, such as genome editing, elite events and agricultural products.

Pedro Moreira began his presentation by addressing the validity and enforcement of plant variety protection in Brazil. First, he showed Brazil’s leading role in global agricultural production and exports, a statistic corroborated by the fact that the country has a favorable climate and a wide range of natural resources. Then he looked at the increased use of new technologies in agriculture, through the implementation of technological innovations, as well as the growing concern to maintain sustainable practices in agriculture. Pedro also gave an overview of the numbers related to Brazilian agribusiness in 2024. The speaker also analyzed the legal and regulatory framework for plant variety protection, both internationally and in Brazil. Based on ordinances, decrees and other instruments, as well as explaining the role of the Brazilian Plant Variety Protection Office, Pedro explained the system for protecting plant varieties in Brazil and highlighted the difference between the law on commercial activities involving plant varieties and the plant variety protection law.

Pedro also gave details of how the procedure for filing plant varieties for protection under the Plant Variety Protection rights takes place, indicating the requirements for protecting this technology in the country. The speaker pointed out that, according to the Biodiversity Law (Law 13.123/2015), it is necessary to declare whether a given plant variety was the result of access to samples or components of the Brazilian genetic heritage or associated traditional knowledge. Pedro ended his presentation by discussing some aspects of the Plant Variety Protection Law (Law No. 9.456/97). Among them, he talked about protection periods, exceptions to the right to protection (such as in the case of scientific research and small family farmers), as well as bringing up some concrete cases to explain how conflicts take place in the case of infringement of protected plant varieties.

Pedro Henrique Borges de Figueiredo then took the floor and began by explaining the exclusions from patentability provided by Articles 10 and 18 of the Brazilian Industrial Property Law (BIPL), focusing on the application of these prohibitions in the case of plants and their parts. At this point, he made comparisons between Brazilian law and the TRIPS agreement and the European Patent Convention, analyzing the scope of the exclusions in each of these provisions. Next, the speaker focused on the relevant rules for patenting plant-related technologies, mainly explaining best practices on how these patent applications are drafted and  prosecuted.

Pedro Henrique also gave an overview of the rules of the Brazilian Patent and Trademark Office (BPTO) regarding to patent applications in the area of biotechnology related to plants, based on a timeline culminating in a clear framework on how inventions involving transgenics and genome editing of plants are patentable in Brazil. In addition, the speaker looked at the stages of the examination procedure, especially with regard to BPTO’s examination rules that may result in loss of rights to applicant’s. He ended his speech by discussing applicable rules and best practices for patenting of so-called agricultural compositions under the BPTO’s rules.

The recordings will be made available on the IDS website.

Note: For quick release, this English version is provided by automated translation without human review.