Plant variety protection issues in Brazil

Authors

  • Yohanna Vieira Juk Economista, doutora em Políticas Públicas.
  • Marcos Paulo Fuck Economista, doutor em Política Científica e Tecnológica, professor do Departamento de Economia da UFPR, Curitiba, PR.

DOI:

https://doi.org/10.35977/0104-1096.cct2020.v37.26794

Keywords:

Brazilian Plant Variety protection law, intellectual property in agriculture, plant variety protection, union for the protection of plant varieties

Abstract

This article presents the main debates about protection of plant varieties, in particular the issues applied to the Brazilian legislation represented by the plant variety protection law (LPC) No. 9.456, enacted on April 1997, which, in recent years, has been the subject of bills to change its content. It presents the historical path that results in the construction of plant variety legislation, describes the controversial points for plant variety protection involved with the international guidelines, represented by the International Union for the Protection of New Varieties of Plants (Union pour la Protection des Obtentions Végétales, – acronym Upov in French) and concerning the Trade-Related Aspects of Intellectual Property Rights Agreement. Therefore, the article will describe the main discussions concerning plant variety laws, and the possibilities a country can choose while developing or adapting agricultural policies for seed breeding. Favorable and opposing views on the use of intellectual property in innovative processes guide this discussion and help to present the main LPC points of attention for Brazilian legislation. The conclusion of this work is that the paths for alteration of the LPC are many, and the main points of attention demand detailed analysis.

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Published

2020-11-09

How to Cite

Juk, Y. V., & Fuck, M. P. (2020). Plant variety protection issues in Brazil. Science & Technology Journals, 37(3), e26794. https://doi.org/10.35977/0104-1096.cct2020.v37.26794

Issue

Vol. 37 No. 3 (2020)

Section

Artigos

License

After publication of the work, the Authors are authorized to non-exclusively distribute the version of the published work (for example: publish in an institutional repository, as a book chapter, create links on electronic pages, etc.), as long as the authorship and initial publication in this journal are mentioned.