FAQ Series: Plant Variety Protection in Brazil (Chapter I)

By Silvia Boechat and Ana Carolina Corrêa

Have you heard about naturally colored cotton, rubi passion fruit or honey-flavored pineapple? 

Welcome to our IP FAQ series! Today’s topic trips a lot of people up: Plant Varieties.  Do you know what it is and how to protect it? Where should you start? Let’s break it down. 

What is plant variety protection?  

Plant variety protection, also known as the breeder’s right or PVP, is a form of intellectual property protection that gives developers exclusive rights to a newly bred plant variety defined by its unique set of shared characteristics. By safeguarding these innovations, PVP rewards the time and investment required for plant research, while encouraging the creation of new varieties that benefit society.

How was it established? 

Internationally, the plant variety protection system was established through the International Convention for the Protection of New Varieties of Plants (“UPOV Convention”), adopted in 1961. The Convention established the international framework for protecting new plant varieties and led to the creation of the International Union for the Protection of New Varieties of Plants (UPOV), headquartered in Geneva, Switzerland.  

In Brazil, the protection was established by Brazilian Law No. 9,456 of April 25, 1997, also known as the Plant Variety Protection Law. It was designed to guarantee a legally secure environment for investment in research and development within the plant variety market. In 1999, Brazil became a member of UPOV. As of September 28, 2026, UPOV has 80 members. 

Who grants protection in Brazil? 

Under the Plant Variety Protection Law, the National Service for Plant Variety Protection (SNPC), supervised by the Ministry of Agriculture, Livestock and Food Supply (MAPA), is the authority responsible for examining applications and granting or refusing its protection. 

Who can apply? 

Any person or entity who promoted genetic improvement is entitled to seek protection for a new plant variety. Under the UPOV system, the applicant might be an individual, a farmer, a researcher, a public institute, a private company, etc. The breeder, on the other hand, is the professional responsible for carrying out plant breeding, developing new cultivars through techniques such as crossbreeding, selection, and other methods. 

How long does protection last? 

The protection lasts 15 years from the grant of the provisional protection certificate, except for grapevines, fruit trees, forest trees and ornamental trees for which the term is 18 years (Article 11 of Law No. 9,456/1997). 

Interested in learning more? 

Plant variety protection involves specific legal, technical, and procedural requirements. If you are interested in protecting or managing plant variety rights in Brazil, feel free to reach us at cobo@coboip.com. We will be glad to assist you.