Within Brazil, the strategies to secure IP rights for plants and their parts are based on mechanisms such as: plant variety protection, confidentiality agreements and proprietary rights. These approaches, nevertheless, enhance the difficulties regarding the enforcement of such IP rights in a country of continental proportions and huge agricultural area.
This IP legal limitation and its resulting negative impact to the country’s technological development and trade have already been highlighted by economists and attorneys. Most importantly, they have been acknowledged by the Brazilian Federal Government as a relevant issue to the country’s further economic growth. As a result, significant debates, concerning the relevance of IP protection level to the agricultural field and its necessary review, have been promoted by the Brazilian Parliament Members (senators and deputies).
The possible benefits of patent protection to plants and their parts and its consequent agricultural competitiveness have been extensively highlighted by the so called “progressive deputies and senators”. Their arguments and persistent calls for discussions might turn into victory what has been a long battle to amend the Brazilian Industrial Property Law and insert effective property ruling to biotechnology.