ASIPI: Plant variety protection in Brazil


Alberto Guerra Neto and Rodrigo Ferreira

ASIPI: Plant variety protection in Brazil


A dispute over plant variety rights between Brazilian companies Fibria Celulose and Eldorado Brasil Celulose has caught the attention of IP lawyers, as Alberto Guerra Neto and Rodrigo Ferreira of the Inter-American Association of Intellectual Property (ASIPI) explain.

The Brazilian legal system is facing an unprecedented intellectual property dispute between two of the largest cellulose companies in Brazil. For the first time since Brazil became a member of the International Union for the Protection of New Varieties of Plants (UPOV), and then adopted the Plant Variety Protection (PVP) Act, we are seeing a lawsuit covering the enforcement and potential infringement of rights related to a protected variety of eucalyptus.

Fibria Celulose is a Brazilian company, and owner of plant variety protection rights covering more than 26 protected eucalyptus varieties in Brazil. The rights have been granted by (and/or applied for at) the National Plant Varieties Protection Service, in accordance with Law No. 9.456/97, part of the PVP Act.

A possible violation of rights of Fibria’s eucalyptus variety VT02, for which a PVP certificate was issued on July 25, 2007, motivated the company to file a precautionary measure (judicial seizure of samples for laboratory testing), before the Court of Três Lagoas, against Eldorado Brasil Celulose, a direct competitor in the cellulose market.

PVP, plant protection, DNA, Fibria, Celulose, ASIPI, patent