Apply In Person

1. To Registration of intellectual Property of Plants (Protection of Cultivars), the applicant has to approach the Ministry of Agriculture and Livestock link
2. Conduct an assessment to ensure that the cultivar is new, distinct, uniform, and stable. This involves comparing it to existing cultivars and determining its unique characteristics.
3. Prepare the technical documentation required for the registration, which may include detailed descriptions of the cultivar, its characteristics, and the evidence supporting its distinctiveness.
4. An application form will be provided to the applicant by the concerned officer.
5. The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
6. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
7. The applicant has to attach photocopies of the required documents along with the application form while submitting it.
8. The applicant has to pay the prescribed fee as requested by the authority.
9. Submit all the documents with the completed form to the concerned officer.
10. After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
11. Then the application will be processed further.
12. The GPIC will examine the application and conduct evaluations to determine if the cultivar meets the criteria for protection. This may involve field inspections, laboratory tests, and other assessments.
13. Once the process gets completed, the applicant gets a call from the office regarding the application.
14. If the application is deemed suitable for protection, the cultivar's description and details will be published in the Official Gazette.
15. There is a specific period during which interested parties can oppose the registration if they believe the cultivar does not meet the requirements.
16. If no oppositions are filed or if oppositions are resolved in favor of the applicant, the registration certificate for the plant cultivar will be granted.
17. The protection is usually valid for a certain period, typically 15 or 18 years depending on the type of plant.
18. This entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

• Application form
• ID proof (Birth Certificate, national Identity card, etc)
• Address proof – (Driving license, passbook, utility bill, etc)
• Technical description
• Evidence of novelty and distinctiveness
• Authorization of agent (if applicable)
• Priority claim (if applicable)
• Power of attorney (if applicable)
• Payment of fees
• Any other documents (if required)

Ministry of Agriculture and Livestock
Esplanada dos Ministérios Bloco D - Brasilia, Federal District, 70043-900, Brazil
Esplanada dos Ministérios Bloco D - Brasília, DF, 70043-900
Phone - +556132182089
Contact link
Location link

To be eligible for registration, a plant variety must be:

• New: It must not have been commercialized in Brazil for at least four years prior to the filing of the application.
• Distinct: It must be clearly distinguishable from any other plant variety that is known or has been commercialized in Brazil.
• Uniform: It must be sufficiently uniform in its essential characteristics, such as its morphology, agronomic performance, and chemical composition.
• Stable: It must remain uniform and stable in its essential characteristics through repeated propagation.

• The applicant has to pay the prescribed fee as requested by the authority.

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Please attach documents that can be used by people. e.g. links

Please attach sample completed documents that would help other people.

• This entire process can be completed within 30 days or as per the timeline advised by the respective department authority.

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

• Name of the applicant
• Address of the applicant
• Age
• Plan
• Email ID
• Mobile number
• Fax
• Mailing address
• Nationality
• Declaration
• Date
• Signature

• Intellectual Property of Plants, specifically the Protection of Cultivars, refers to a legal framework that grants exclusive rights to the creators or owners of new plant varieties or cultivars in Brazil.
• It allows breeders to protect their innovative plant varieties and exercise control over their commercial use, propagation, production, and distribution.

• The main purpose of protecting plant cultivars under intellectual property law is to encourage and incentivize plant breeding and innovation.
• By providing breeders with exclusive rights, it enables them to recoup their investment in developing new cultivars and fosters further advancements in agriculture and horticulture.

Please explain what are other uses for obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

Link

• In Brazil, the intellectual property protection for plant cultivars is regulated by the National Plant Variety Protection Law (Law No. 9.456/1997) and administered by the Plant Variety Protection Office (GPIC) within the Brazilian Ministry of Agriculture, Livestock, and Food Supply (MAPA).