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Monsanto and Intellectual Property in South AmericaBrazil: The Neodevelopmental Model

Monsanto and Intellectual Property in South America: Brazil: The Neodevelopmental Model [Brazil did not have legislation for IP on seeds until the Law of Industrial Property (1996) and the Law of Protection of Cultivars (1997) were enacted as part of the post-1980 global trend toward stronger IP. The former is a law of patents, which allows patents on biotechnological processes that create transgenic seeds. The second established plant breeders’ rights based on the UPOV convention of 1978 but also incorporated elements of UPOV 1991, such as protection to ‘essentially derived varieties’. As with the Argentine law of seeds, it includes three exceptions to plant breeder’s rights: the right of rural producers to save seeds;the right of plant breeders to use existing protected varieties to develop new ones without consent from the original cultivar owner;the right of the state to declare the restricted public use of certain varieties in cases of national interest.1] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Monsanto and Intellectual Property in South AmericaBrazil: The Neodevelopmental Model

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Publisher
Palgrave Macmillan UK
Copyright
© Palgrave Macmillan, a division of Macmillan Publishers Limited 2014
ISBN
978-1-349-47058-7
Pages
68 –108
DOI
10.1057/9781137356697_3
Publisher site
See Chapter on Publisher Site

Abstract

[Brazil did not have legislation for IP on seeds until the Law of Industrial Property (1996) and the Law of Protection of Cultivars (1997) were enacted as part of the post-1980 global trend toward stronger IP. The former is a law of patents, which allows patents on biotechnological processes that create transgenic seeds. The second established plant breeders’ rights based on the UPOV convention of 1978 but also incorporated elements of UPOV 1991, such as protection to ‘essentially derived varieties’. As with the Argentine law of seeds, it includes three exceptions to plant breeder’s rights: the right of rural producers to save seeds;the right of plant breeders to use existing protected varieties to develop new ones without consent from the original cultivar owner;the right of the state to declare the restricted public use of certain varieties in cases of national interest.1]

Published: Nov 7, 2015

Keywords: Intellectual Property; Transnational Corporation; Food Sovereignty; Seed Company; Industrial Property

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