WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BRA/P/3
19 September 2000
(00-3711)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BRAZIL
The present document reproduces the text1 of Law 9.456, which establishes the main rules for
protection of new plant varieties, as notified by Brazil under Article 63.2 of the Agreement (see
document IP/N/1/BRA/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BRÉSIL
Le présent document contient le texte
1 de la Loi 9.456, qui établit les principales règles
relatives à la protection des obtentions végétales, notifiée par le Brésil au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/BRA/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BRASIL
En el presente documento se reproduce el texto
1 de la Ley 9.456, que establece las principales
normas para la protección de nuevas obtenciones vegetales, notificada por el Brasil en virtud del
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/BRA/2).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/BRA/P/3
Page 2
LAW NO. 9,456 OF APRIL 1997
Establishes the Plant Variety Protec tion Law and provides other measures
THE PRESIDENT OF THE REPUBLIC
There shall be made public that th e National Congress has decreed and I
hereby sanction the following Law:
TITLE I
PRELIMINARY PROVISIONS
Art. 1. There is hereby established the right to Protection of Plant Varieties, in
accordance with the provisions of this Law.
Art. 2. The protection of intellectual prop erty rights regarding plant varieties is
performed through the granting of a Plant Variety Protection Certificate, which is considereda commodity for all legal purposes and the sole  form of protection for plant varieties and
legal form that may inhibit the free utilization of plants or of their reproduction or vegetativemultiplication parts, in the Country.
Art. 3. For the purposes of this Law, it is considered that:I - the breeder: is the individual who obtains a plant variety and establishes
descriptors that may establish a distin ction between the same and any other;
II - the descriptor: is the morpholog ical, physiological, biochemical or
molecular characteristic that is genetically inherited, and is utilized to identify the plantvariety;
III - minimum margin: is the minimum set of descriptors, at the discretion of
the competent agency, which is deemed sufficie nt to distinguish a novel plant variety or an
essentially derived plant variety fro m the remaining known plant varieties;
IV - plant variety: is the variety of an y higher vegetable kind or species that is
clearly distinct from other known plant varieties by a minimum margin of descriptors, by itsown designation, that is homogenous and stable  as to the descriptors throughout successive
generations and that belongs to a species useful to the farming and forestry complex, beingdescribed in an available specialized publication being accessible to the public, as well as the
component strain of hybrids;
V - novel plant variety: the plant variety not having been offered for salein
Brazil for more than twelve months of the date of the application for protection and that, withdue regard to the term for commercialization in Brazil, has not been offered for sale in othercountries, authorized by the breeder, formore th an six years for tree and vine species and for
more than four years for the remaining species;
VI - distinct plant variety: the plant variety that is clearly distinct from any
other which existence on the date of a pplication for protection is acknowledged;IP/N/1/BRA/P/3
Page 3
VII - homogenous plant variety: the plant variety that, when utilized in
planting, on a commercial scale, presents a minimum degree of variance as to the descriptorsidentifying the same, following criteria established by the competent agency;
VIII - stable plant variety: the plant variety that, when reproduced on a
commercial scale, maintains its homogen eity throughout successive generations;
IX - essentially derived plant variety: that· which is essentially derived from
another plant variety provided that, cumulatively, it is:
a) predominantly derived from the initial plant variety or from another
essentially derived plant variety, without losing the ability to exhibit the·essential
characteristics resulting from the genotype or from the combination of genotypes of the plantvariety from which it derived, except regarding the differences resulting from the derivation;
b) clearly distinct from the plant variety from which it derived, by a minimum
margin of descriptors, in accordance with criteria established by the competent agency;
c) has not been offered for sale in Brazil tor more than twelve months from the
date of application for protecti on and that, with due regard to the term for commercialization
in Brazil, has not been offered for sale in othe r countries, authorized by the breeder, for more
than six years for tree and vine species and for more than four years for the remining species;
X - strains: the homogenous genetic ma terials obtained by some continued
autogamic process;
XI - hybrid: the immediate product of the crossing between genetically
different strains;
XII - test of distinctness, homogeneity and stability (DHE): the technical
procedure to verify that the new plant variety or the essentially derived plant variety differs
from another which descriptors are known, is hom ogenous as to the characteristics thereof in
each reproductive cycle and is stable as to the recurrence of the same characteristicsthroughout successive generations;
XIII - live sample: that which is supplied by the applicant to the right of
protection, and which, if utilized in the propa gation of the plant variety, confirms the
descriptors having been presented;
XIV - seed: every and any plant structure utilized in the propagation of a plant
variety;
XV - propagation: the reproduction and multiplication of a plant variety, or the
concurrence of those actions;
XVI - propagation material: every and any part of the plant or plant structure
utilized in the reproduction and multiplication thereof;
XVII - whole plant: the plant with all its parts capable of being utilized in the
propagation of a plant variety
XVIII - farming and forestry complex:  the group of activities relating to the
cultivation of plant kinds and species aiming, among others, at human or animal nourishment,
the production of fuels, oils, dyes, fibers and other implements fo r industrial, medical,
forestry and ornamental purposes.IP/N/1/BRA/P/3
Page 4
TITLE II
INTELLECTUAL PROPERTY
CHAPTER l
PROTECTlON
Section I
Protectable Plant Variety
Art. 4. The novel plant variety or the esse ntially derived plant variety, of any
kind or species of plant, are entitled to protection.
§ 1 The plant varieties not fitting into the provisions of the caput and that have
already been offered for sale before the date of the application shall also be entitled toprotection, provided that the followi ng cumulative conditions are met:
I - that the application requesting protection be submitted within twelve
months of compliance with the provisions of § 2. of the present Article, for each species or
plant variety;
II - that the first instance of commercialization of the plant variety has
occurred, at most, ten years before the date of the application for protection;
III - the protection shall be effective only for purposes of utilization of the
plant  variety to obtain essen tially derived pl ant varieties;
IV - protection shall be granted for th e remaining period of  the terms provided
in Article 11, considering to su ch end, the date of the first instance of commercialization.
§ 2. The agency being responsible for the protection of plant varieties is due to
disclose, progressively, the plant species a nd the respective minimum descriptors required to
initiate applications for prot ection, as well as the respective deadlines for the purposes of
Insert I of the preceding Paragraph.
§ 3. The disclosure referred in the preceding Paragraph shall follow a scale of
species, observing the following schedule, being expressed in cumulative total protectedspecies:
I - on the date of initial effectiveness of the regulation of this Law: at least 5
species;
II - after 3 years: at least 10 species;III - after 6 years: at least 18 species;IV - after 8 years: at least 24 species.
Section II
Breeders
Art. 5. The individual or business entity having obtained a plant variety or an
essentiaily derived plant variety in the Country  shall be entitled to protection ensuring the
same the right to property thereto in the conditions established in this Law.
§ 1. The protection may be requested by  an individual or a business entity
having obtained a plant variety, by the heirs or successors thereof or by eventual assignees bymeans of submission of a proper document.
§ 2. When the process of breeding has b een realized by two or more persons,
jointly, the protection may be requested jointly or separately, through the naming andqualification of each of same, to ensure  protection of their respective rights.IP/N/1/BRA/P/3
Page 5
§ 3. In the case of breeding arising from a labor contract, a service contract or
other labor activity, the application for pr otection should indicate the names of all the
breeders that, under the condition of employees or  providers of services, have obtained the
novel plant variety or the esse ntially derived piant variety.
Art. 6. The provisions of this Law also apply to:I - applications for protection of plant varieties originated abroad and filed in
the Country by a person or entity which protecti on is ensured by a Treaty effective in Brazil.
 II - national citizens or persons domic iled in a country that assures Brazilians
or persons domiciled in Brazil the recipr ocity of equal or equivalent rights.
Art. 7. The provisions of Treaties effec tive in Brazil are applicable, in equal
conditions, to national individuals or business entities or those being domiciled in theCountry.
Section III
Right to Protection
Art. 8. The protection of a plant va riety shall fall upon the reproduction or
vegetative multiplication material of the entire plant.
Art. 9. The protection ensures the holder thereof the right to commercial
reproduction in the Brazilian te rritory, third parties being prohibited, during the term of
protection, production for commercia l purposes, offering for sale or commercialization of the
propagation material of the plant variet y, without authorization of the same.
Art. 10. The right to property of the plant variety shall not be deemed infringed
by whoever:
I - stores and plants seeds for private use, in his premises or in the premises of
third parties whereof he holds possession;
II - uses or sells as food or raw mate rial the product obtained from the planting
thereof, except for purposes of reproduction;
III - utilizes the plant variety as a source of variety in genetic improvement or
in scientific research;
IV - being a small rural producer, multip lies seeds, for donation or exchange,
exclusively for other small rural producers, with in the scope of financ ing or support programs
benefiting small rural produ cers, conducted by public agencies or non-governmental
agencies, authorized by the Public Administration.
§ 1. The provisions of the caput specifically do not apply to the cultivation of
the sugar cane, where there will be observed the following additional provisions, regardingthe right to property concerning the plant variety:
I - to multiply vegetative material, even for private use, the producer shall be
obliged to secure an authorization from the holder of the right to the plant variety;
II - when there is required payment fo r the granting of the authorization, the
same may not impair the economic and financ ial balance of the crop developed by the
producer;
III - the provisions of Insert I shall only apply to the crops conducted by
producers holding in possession or in ownership ru ral properties with an area equivalent to at
least, four fiscal modules, cal culated in accordance with the provisions of Law No. 4, 504, of
30 November 1964, when the same are intended for production for purposes of industrial
processing;IP/N/1/BRA/P/3
Page 6
IV - the provisions of this Paragraph sh all not apply to pr oducers being able to
clearly evidence having initiated, before the date of enactment of this Law, a process ofmultiplication, for private utilization, of a pl ant variety that may become protected.
§ 2. For the purposes of Insert III of the caput, whenever:I - it may be indispensable to utilize repeatingly the protected plant variety for
commercial production of another plant variety or of a hybr id, the holder of the second shall
be obliged to secure an authorization of the holder of the right to protection of the first;
II - a plant variety is characterized as being essentially derived from a
protected plant variety, the commercial exploitation thereof shall be conditioned to theauthorization from the holder of protection of this same protected plant variety.
§ 3. For the purposes of the provisions of Insert IV of the caput, a small rural
producer is one that fulfills simultaneously the following requisites:
I - exploits a parcel of land in the condition of owner, holder in possession,
lease holder or in partnership;
II - maintains up to two permanent employees, the eventual resorting to the
help from third parties being admissible, when so required by the seasonable nature of the
agriculture and livestock breeding activity;
III - does not hold, under any title, an area exceeding four fiscal modules
quantified in accordance with the legislation in effect;
IV - has, at least, eighty per cent of his annual gross income originating from
farming or livestock breeding or extractive exploiting; and
V - resides at the property or in a nearby urban or rural community.
Section IV
Term of Protection
Art. 11. The protection of the plant vari ety shall be effective from the date of
granting of the Provisional Certificate of Protec tion, for a period of fifteen years, except for
vines, fruit trees, forest trees and ornamental trees, including, in each case, the mother graftthereof, for which the term shall amount to eighteen years.
Art. 12. Upon the end of the term of eff ectiveness of the right to protection, the
plant variety shall be deemed to be in the public domain and no other right may inhibit the
free utilization thereof.
Section V
Application for Protection
Art. 13. The request for protection sh all be formalized by means of an
application signed by the individual or the bus iness entity that has obtained the plant variety,
or by an attorney thereof, and shall be docketed at the competent agency.
Sole Paragraph: The protection, in the national territory, of a plant variety
obtained by an individual or a business entit y domiciled abroad, in accordance with the
provisions of Inserts I and II of  Article 6th., should be requested directly by the attorney of
the same, being domiciled in Brazil, in accordance with the provisions of Article 50 of thisLaw.IP/N/1/BRA/P/3
Page 7
Art. 14. In addition to the filing form , the application for protection, which
may only refer to a single plant variety, should include:
I - the botanical species;II - the name of the plant variety;III - the genetic origin;IV - a specification duly completed including all required descriptors;
V - a statement assuring the existence of a live sample at the disposal of the
competent agency and the localization thereof for eventual examination;
VI - name and address of the applicant and of the breeders;
VII - evidence of the DHE characteristics, for national and foreign plant
varieties;
VIII - report of other descriptors indi cative of the distinctness, homogeneity
and stability thereof, or evidence of performance, by the applicant, of tests concerning theplant variety together with specific controls or those indicated by the competent agency;
IX - evidence of payment of the fee concerning the application for protection;X - a statement as to the existence of commercialization of the plantvariety in the Country or abroad;XI - a statement as to the existence, in another country, of protection, or an
application for protection, or of any request concerning the right of priority, relative to a plant
variety which protecti on is being requested;
XII - an abstract allowing the identifi cation of the object of the application.
§ 1. The application, the completion ther eof including the required descriptors
and the indication of the new descriptors s hould meet the conditions established by the
competent agency.
§ 2. The documents referred in this  Article should be submitted in the
Portuguese language.
Art. 15. Every plant variety should have a designation allowing the
identitication thereof, intended to be its gene ric designation, and should meet the following
criteria for purposes of protection:
I - be unique, and not expre ssed only in numeric form;
II - have a designation which is different  from that of a formerly existing plant
variety;
III - induce no errors as to its intrinsic characteristics or as to its origin.Art. 16. The application for protection, in  the form of an abstract allowing
identification of the object of the application, shall be published within sixty calendar days of
the submission thereof.
Sole Paragraph. Upon publication of the application for protection, there shall
begin a delay of ninety days for the submission of eventual appeals, the applicant beinginformed thereon.
Art. 17. The specification and the desc riptors indicative of its distinctness,
homogeneity and stability may not be modified by the applicant, except:
I - in order to correct printing or typing errors;II - if indispensable to clarify or render precise the application and only
until the date of publi cation of the same;
III - if it is the object of an offici al action due to non-compliance with the
provisions of § 2. of Article 18.IP/N/1/BRA/P/3
Page 8
Art. 18. In the act of submission of the application for protection, there shall be
effected the preliminary formal examination as to the existence of synonyms, and these notbeing found to exist, the same shall be docketed, provided it is properly instructed.
§ 1. The docket data concerning the a pplication for protection of a plant
variety shall include the hour, the day, the year  and the filing number of the application, the
full name and address of the interested pa rty and of the attorney thereof, if any.
§ 2. The examination, which shall not be conditioned to eventual appeals filed,
shall confirm if the application for protection is in accordance with the legal prescriptions, ifit is technically well defined and if there is no prior existence, even if under a different
designation.
§ 3. The application shall be rejected if the plant variety is not compliant with
the provisions of Article 4.
§ 4. If necessary, there will be formulated additional requirements deemed
convenient, including as concerning the s ubmission of a new specification, of additions
thereto and other information deemed relevant  for the conclusion of examination of the
application.
§ 5. Failure to comply with or to submit arguments against an official
requirement within sixty days of acknowledgemen t of notice shall entail the shelving of the
application, the administrative stage being thereby concluded.
§ 6. The application shall be shelved if the arguments filed against the official
requirement are considered unfounded.
§ 7. Except for the provisions of § 5. of this Article, the decision rejecting or
allowing the application for protection may be a ppealed within the delay of sixty days of the
date of publication thereof.
§ 8. Upon filing of the appeal, the comp etent agency shall have up to sixty
days to decide on the same.
Art. 19. Upon publication of the app lication for protection, there will be
granted, on a provisional basis, a Provisional Certificate of Prot ection, assuring the holder the
right of commercial exploitation of the plant variety, in the terms of this Law.
Section VI
Granting of the Plant Vari ety Protection Certificate
Art. 20. The Plant Variety Protection Ce rtificate shall be immediately issued
after the delay for appeal or, the same having  been filed, upon the official publication of the
decision concerning the same.
§ 1. The application having been allowed and no appeal having been timely
filed, in the form of § 7. of Article 18., the publi cation shall be effected within the delay of up
to fifteen days.
§ 2. The Plant Variety Protection Certificate shall include the respective
number, the name and nationality of  the holder or, if that is the case, of the heir, successor or
assignee thereof, as well as the term of protection.
§ 3. In addition to the data indicated in the preceding paragraph, the Plant
Variety Protection Certificate sha ll include the name of the breeder and, if that is the case, the
circumstance that the obtention resulted from a labor or servic es contract or from another
labor activity, a fact that should be clearly st ated in the respective application for protection.
Art. 21. The protection granted sha ll be made public, through official
publication, within the delay of up to fifteen days of the date of granting thereof.IP/N/1/BRA/P/3
Page 9
Art. 22. Having obtained the Provisional Ce rtificate of Protection or the Plant
Variety Protection Certificate, the holder is bound to keep, during the term of protection, a
live sample of the protected plant variety at the disposal of the competent agency, subject tocancellation of the respective Ce rtificate if, upon receiving a notice to that effect, the same
fails to submit it within the delay of sixty days.
Sole Paragraph. Notwithstanding the provi sions of the caput of this Article,
upon obtaining the Provisional Certificate of Protection or the Plant Variety Protection
Certificate, the holder is bound to convey to th e competent agency two live samples of the
protected plant variety, one being intended for handling and examination, the other being
intended to integrate the germoplasm collection.
Section VII
Alterations in the Plant Variety Protection Certificate
Art. 23. The ownership of plant variety protection may be transferred by
means of an action inter vivos or by means of  an action of legal or testamentary succession.
Art. 24. The transfer by an action inte r vivos or by legal or testamentary
succession of a Plant Variety Protection Certificate, the change of name, domicile or headoffice of the holder thereof, the conditions of co mpulsory license or of restricted public use,
transitory suspension or cancellation of th e protection, upon having been noted in the
respective process, shall be recorded in the Protection Certificate.
§ 1. Notwithstanding other applicable requirements, the original transfer
document shall include the complete qualification of the assignor and of the assignee, as wellas those of the witnesses and the precise indication of the protected plant variety.
§ 2. There shall be also be recorded  and published those actions referring,
among others, to the statement of compulsory license or of restricted public use, transitorysuspension, extinction of the protection or cance llation of the certificate, upon decision of an
administrative or judicial authority.
§ 3. The recording shall not produce any effect as regards the remuneration
due by third parties to the holder, for the expl oitation of a protected plant variety, when it
refers to a plant variety which right to protec tion is extinct or undergoing a process of nullity
or cancellation.
§ 4. The transfer shall only become ef fective concerning third parties upon
publication of the allowance decision.
§ 5. The rejection of the annotation or recording may be appealed, within the
delay of sixty days of acknowledgement of the respective decision.
Art. 25. Upon a request being filed by  any person, with legitimate concern,
who may have entered a judicial action regarding the ineffectiveness of the actions relative toan application for protection, of transfer of ownership or alteration of the name, address or
head office of the holder, the judge may orde r the suspension of the process of protection,
annotation or recording, until a final decision is reached.
Art. 26. The payment of annuities for the protection of the plant variety, to be
defined by a regulation, should be made from the period following that of the date of granting
of the Protection Certificate.IP/N/1/BRA/P/3
Page 10
Section VIII
Right to Priority
Art. 27 The individuals or business entities having filed an application for
protection in a country having an agreement w ith Brazil or in a international organization of
which Brazil is a member and that produces the effect of a domestic filing, shall be assuredthe right of priority during a term of up to twelve months.
§ 1. The facts occurring within the delay provided in the caput, such as the
submission of another applicati on for protection, the publication or the utilization of the plant
variety being the object of the first applicati on for protection, do not constitute causes for the
rejection of the later applica tion and shall not originate righ ts in favor of third parties.
§ 2. The delay provided in the caput shall be counted from the date of
submission of the first application, excluding the day of the submission.
§ 3. To be able to benefit from the provisions of the caput, the applicant
should:
I - mention, explicitly, in the later application for protection, the claim of
priority of the first application;
II - submit, within up to three months, copies of the documents that instructed
the first application, duly certified by the agency  or the authority to which the same will have
been submitted, as well as sufficient evidence that the plant variety being the object of bothapplications is the same one.
§ 4. The individuals or business entities mentioned in the caput of this Article
shall have a delay of up to two years upon ex piry of the term of priority to submit
information, additional documents or a live sample, if these come to be required.
CHAPTER ll
COMPULSORY LlCENSE
Art. 28. The plant variety protected in accordance with the terms of this Law
may be the object of a compulsory license, which will ensure:
I - the availability of the plant variety in the market, at reasonable prices, when
the maintenance of a regular supply is bein g unduly hindered by the holder of the right of
protection of the plant variety;
II - the regular distribution of the plant variety and the maintenance of its
quality.
III - reasonable remuneration to the hol der of the right to protection of the
plant variety.
Sole Paragraph. When assessing the undue restriction to the competition, the
authority shall comply, where applicable, with  the provisions of Art. 21 of Law No. 8,884 of
July 11, 1994.
Art. 29. A compulsory license is understood to mean the action of the
competent authority which, on request of a party with legitimate concern, authorizes theexploitation of the plant variety independently of authorization of the holder thereof, for a
term of three years renewable for equal periods , not exclusively and against remuneration in a
form to be established by a proper regulation.IP/N/1/BRA/P/3
Page 11
Art. 30. The request of compulsory license shall bear, among others:
I - data qualifying the applicant;II - data qualifying the holder of the right to protection of the plant variety;
III - sufficient description of the plant variety;IV - the reasons substantiating the request, with due regard to the provisions of
Article 28 of this Law;
V - evidence that the requester ha s attempted, unsuccessfully, towards
obtaining a voluntary license from the holder of the plant variety;
VI - evidence that the requester is financially and technically qualified to
exploit the plant variety.
Art. 31. The application requesting a license should be forwarded to the
Ministry of Agriculture and Supply and shall be decided by the Administrative Board for
Economic Defense - CADE, created by Law No. 8,884, of July 11, 1994.
§ 1. Upon receiving the request, the Mini stry shall serve notice to the holder of
the right to protection to submit a statement, if wishing to do so, within the delay of ten days.
§ 2. With or without the statement referred in the preceding Paragraph, the
Ministry shall forward the process to the CADE , together with the technical opinion of the
competent agency and within the maximum delay of fifteen days, advising the granting ordenial of the compulsory license.
§ 3. There being no need of additional diligence, the CADE shall appreciate
the request within the maximum delay of thirty days.
Art. 32. The Ministry of Agriculture a nd Supply and the Ministry of Justice,
within the scope of their respective competen ce, shall provide additional decisions on the
procedure and the conditions for appreciation and granting of the compulsory license, with
due regard to the procedural requirements inhe rent to ample defense and protection of the
right to property instituted by this Law.
Art. 33. The decision of the CADE granting the requested license shall not be
appealable within the scope of the Administration nor may the same be the object of ajudicial measure in limine, except, regarding the latter, in case of infringement of the duelegal process.
Art. 34. There shall be applied to the compulsory license, where applicable,
the provisions of Law No. 9,279, of May 14, 1995.
Art. 35. The compulsory license may only be requested after three years of
granting of the Provisional Certificate of Prot ection, except in the case of abuse of economic
power.
CHAPTER lll
RESTRlCTED PUBLlC USE
Art. 36. The protected plant variety shall be declared to be of restricted public
use, ex officio by the Mini stry of Agriculture and Supply, based upon a technical opinion
reported by the respective competent agencies, exclusively in the public interest, to attend tothe needs of the agricultural policy, in the cases of national emergency, abuse of economicpower, or other circumstances  of extreme urgency and in  cases of non-commercial public
use.
§ 1. A plant variety shall be deemed to be  of restricted public use if, by means
of an act of the Ministry of Agriculture and Supply, it is exploited directly by the Federal
Union or by third parties indicated thereby, not exclusively, without authorization of theIP/N/1/BRA/P/3
Page 12
holder thereof, for a period of three years, renewable for equal periods, provided that the
holder is notified and remune rated in a form to be defined in a proper regulation.
CHAPTER IV
PENALTlES
Art. 37. Anyone that sells, offers for sale, reproduces, impor ts, exports, as well
as packs or holds in storage for such purpos es, or provides for any purpose, the propagation
material of a protected plant va riety, under the correct designati on or any other, without being
authorized to do so by the holder thereof, shall be bound to indemnify the same, in amounts
to be defined in a proper regula tion, in addition to having the material seized, and shall also
pay a fine in the amount equivalent to twenty  per cent of the commercial value of the seized
material, and shall additionally be deemed to have committed the crime of infringement ofthe rights of the breeder, notwithstanding other legal penalties being applicable.
§ 1. There being contumacy as to the sa me or another material, the percentage
of the fine shall be twice that having been applied relatively to the last penalty,notwithstanding additional applicable penalties.
§ 2. The competent agency shall forward the seized material at no cost -
provided the same has an adequate  quality - for distribution, as seeds for planting, to farmers
settled by Agrarian Reform programs or in areas where there may be in course ofdevelopment public programs of incentive to familiar agriculture, commercialization thereofbeing prohibited.
§ 3. The provisions of the caput and of § 1. of this Article do not apply to the
cases provided in Article 10.
CHAPTER V
OBTENTlON OCCURRlNG DURlNG THE TERM OF EFFECTlVENESS OF A LABOR
OR SERVlCE CONTRACT OR ANOTHER LABOR ACTlVlTY
Art. 38. The rights pertaining to the novel plant varieties, as well as the
essentially derived plant varie ties, developed or obtained by the employee or the provider of
the service during the effectiveness of the Labor Contract or of the Service Contract oranother labor activity, resulting from the performance of labor duties or from the execution ofthe contract, which object is the activity of research in Brazil, shall belong exclusively to theemployer or the contractor of the service, and the name of the breeder shall mandatorily beincluded in the application and in the Protection Certificate.
§ 1. Except where explicitly provided otherwise in the contract, the
consideration of the employee or the provider of the service or other labor activity, in the case
provided in this Article, shall be limited to the salary or the remuneration having been agreed.
§ 2. Except where otherwise agreed, the novel plant variety or the essentially
derived plant variety, which Prot ection Certificate is applied for by the employee or service
provider within thirty-six months after extinction of the respective contract shall be deemedas having been obtained during the term of eff ectiveness of the Labor Contract or of the
Service Contract or other labor activity.
Art. 39. Except where explicitly provided otherwise, the novel plant varieties,
as well as the essentially derived plant varie ties, having been obtained by the employee orIP/N/1/BRA/P/3
Page 13
provider of services or other labor activity, not comprised in the provisions of Article 38,
when resulting from a personal contribution and through the utilization of resources, data,means, materials, installations or equipment belonging to the em ployer or contractor of the
service, shall belong to both parties.
§ 1. For the purposes of this Article, the employer or contractor of the service
or other labor activity is hereby  assured the right to exclusively exploit the novel plant variety
or the essentially derived plant variety, and the employee or provider of service or other labor
activity is assured the remuneration that is agreed between the parties, notwithstanding thepayment of salary or of the remuneration agreed.
§ 2. In the case of more than one employee or provider of service or other
labor activity, the part due to the same shall be equally divided therebetween, except where
otherwise agreed.
CHAPTER Vl
EXTlNCTlON OF THE RlGHT TO PROTECTlON
Art. 40. The protection of the plant variety shall be deemed extinct:
I - upon expiry of the term of pr otection established in this Law;
II - upon waiver of the holder or of the successors thereof;III - upon cancellation of the Protection Certificate under the terms of Article
42.
Sole Paragraph. The waiver of protec tion shall only be accepted if it does not
jeopardize the rights of third parties.
Art. 41. Upon extinction of the protecti on, the object thereof shall be deemed
in the public domain.
Art. 42. The Protection Certif icate shall be canceled administratively ex officio
or on request of any person with legitimate concern, in any of the following cases:
I - due to loss of homogeneity or of stability;II - due to failure to effect payment of the respective annuity;III - due to failure to comply with the requirements of Article 49;IV - due to failure to submit a live sample, as established in Article 22;V - due to evidence that the plant variety has caused, after commercialization
thereof, an unfavorable negative impact  on the environment or human health.
§ 1. The holder shall be notified of the institution of the cancellation
proceedings and shall be ensured the delay of sixty days to submit arguments thereagainst,
from the date of notification.
§ 2. The decision allowing or denying cancellation may be appealed within the
delay of sixty calendar days of publication thereof.
§ 3. The decision to cancel shall produce e ffects from the date of the request or
of publication of institution of the proceedings ex officio.
CHAPTER Vll
NULLlTY OF PROTECTlON
Art. 43. The protection shall be deemed null when:
I - the conditions of novelty and distinctne ss of the plant variety, in accordance
with Inserts V and VI of Article 3. of  this Law, have been disregarded;
II - it has been granted in jeopardy  of rights held by third parties;IP/N/1/BRA/P/3
Page 14
III - the title does not correspond to its true object;
IV - there has been omitted in the proceedings thereof any of the measures
established by this Law, being necessary to examine the application and to issue theProtection Certificate.
Sole Paragraph. The nullity of the Certif icate shall be effective from the date
of the application.
Art. 44. The nullity proceedings may be instituted ex officio or on request of
any person with legitimate concern.
TITLE III
NATIONAL PLANT VARIETIES PROTECTION SERVICE
CHAPTER l
ESTABLlSHMENT
Art. 45. The National Plant Varieties Pr otection Service - SNPC, which will be
in charge of protection of plant varieties, is  hereby established, within the scope of the
Ministry of Agriculture and Supply.
§ 1. The structure, the prerogatives a nd the purposes of the SNPC shall be
established in a proper regulation.
§ 2. The National Plant Varieties Protection Service - SNPC shall maintain the
National Registry of Pr otected Plant varieties.
TITLE IV
GENERAL PROVISIONS
CHAPTER l
ACTlONS, ORDERS AND TERMS
Art. 46. The actions, orders and d ecisions regarding administrative
proceedings relative to the protection of pl ant varieties shall onl y become effective upon
publication thereof in the Offici al Gazette of the Union, except:
I - interlocutory decisions that n eed not be known by the parties;
II - technical statements of opinion, which shall be accessible for examination
by the parties, if these so require;
III - others that may be indicated in the regulating Decree.Art. 47. The National Plant Varieties Pr otection Service - SNPC shall edit a
periodic publication to make pub lic the National Registry of Protected Plant varieties, as
foreseen in § 2. of Article 45 a nd in the provisions of the caput, and its Inserts I, II, and III, of
Article 46.
Art. 48. The terms referred in this La w shall be counted from the date of
publication thereof.IP/N/1/BRA/P/3
Page 15
CHAPTER ll
CERTlFlCATES
Art. 49. There shall be assured, within a delay of thirty days from the docket
date of the requirement, the furnishing of the certificates relative to matters discussed in thisLaw, provided that the same have been prope rly required and upon submission of evidence of
payment of the respective fees.
CHAPTER lll
POWER OF ATTORNEY OF lNDlVlDUAL OR ENTITY DOMlCILED ABROAD
Art. 50. The individual or business entit y domiciled abroad should appoint and
maintain an attorney, duly qualified and domiciled in Brazil, duly empowered to represent thesame and receive service of administrative notices and service of process referring to thematter in this Law, from the date of application for protection and during the term ofeffectiveness of the same, subject to extinction of the right to protection.
§ 1. The power of attorney should grant power to apply for protection and for
the maintenance of same before the SNPC and be specific for each case.
§ 2. When the application requesting prot ection is not filed by the applicant in
person, the same should be instructed with a power of attorney,   granting the necessary
powers, duly translated by a sworn pub lic translator, if executed abroad.
CHAPTER IV
FlNAL PROVlSlONS
Art. 51. The application for protection of a plant variety being essentially
derived from a plant variety protectable under § 1. of Article 4 sha ll be examined, and if
applicable, the respective Certificates granted, only after the delay provided in Insert I of thatsame Paragraph, with due regard to the chronological order of submission of the applications.
Sole Paragraph. The SNPC may waive compliance with the delay mentioned
in the caput when, regarding the plant vari ety being protectable under § 1. of Article 4:
I - a Protection Certificate has been granted; orII - there existing an explicit authorization from the breeder thereof.Art. 52. The plant varieties already marketed in Brazil, for which an
application for protection, duly instructed, is not  docketed within the de lay provided in Insert
I of § 1. of Article 4 shall be automatical ly deemed as being in the public domain.
Art. 53. The services discussed in this  Law shall be remunerated under the
regime of specific public service prices, th e Ministry of Agriculture and Supply being in
charge of establishing their respective amounts and the form of collection thereof.
Art. 54. The Executive Branch shall regulate this Law within the delay of
ninety days of publication hereof.
Art. 55. This Law shall take effect from the date of publication hereof.
Art. 56. The provisions to the contrary are hereby revoked.IP/N/1/BRA/P/3
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Brasilia, April 25, 1997; 176th. year sin ce Independence and 109th. Year of
the Republic
FERNANDO HENRIQUE CARDOSO
Ailton Barcelos Fernandes
NOTICE: The English version of this law is provided only as a means of
reference. It is noted that the Portuguese version solely constitutes the official one, for any
use the reader may intend.
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