CULTIVARS

Cultivars are new plant varieties obtained by non-patentable procedures, including genetic improvement (which does not include genetic modification). Classic examples of genetic improvement are interspecies crossbreeding, and selection of the most resistant species for replanting.

A protectable cultivar must meet the following conditions:

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• be the product of genetic improvement (and not a random variation, or modification via genetic engineering);

• not have been commercialized abroad for more than 4 years (in some cases 6 years, depending on the species);

• not having been commercialized in Brazil for more than a year;

• be distinct from other existing ones;

• be homogeneous (i.e. maintain a uniform standard in relation to the characteristics used to describe it - descriptors);

• be stable (maintain the descriptors for a minimum number of generations of cultivation).

The protection is done through the National Register of Cultivars (RNC) before the National Service for Plant Variety Protection (SNPC), of the Ministry of Agriculture, Livestock and Supply. The holder of a cultivar registration can prevent its unauthorized exploitation, with commercial ends, by third parties (sale, offering for sale, reproduction, import, export, packaging, storage, assignment). The registration of a cultivar is valid for 15 or 18 years, depending on the plant species.

Our firm assists clients with guidance, preparation and organization of Our office assists clients with guidance, preparation and organization of documentation to obtain the Certificate of Protection of Cultivar, besides advising on all matters involving the matter.