When it comes to the enforcement of plant breeder’s rights, Licks Attorneys pursues excellence in its services and provides full assistance for its clients. Equipped with a high-performance team that has in depth knowledge and experience in this subject, Licks is prepared to fully assist holders that seek protection for their rights in Brazil.
Differently from other nations, Brazil’s plant variety protection is not granted through patent registration. Instead, it is granted by the so-called Plant Variety Protection Certificate, which is regulated by Federal Law No. 9,456.
As Brazil is a signatory country of Paris Convention, such law complies with it. When it comes to the enforcement of those rules, the Ministry of Agriculture, Livestock and Food Supply is responsible for the granting of the Plant Variety Protection Certificate, enabling it to be commercialized, while the Federal Superintendence of Agriculture surveils the plant variety in the Brazilian market.
Considering the above, our efforts to ensure the effectiveness and enforcement of our client’s rights are not limited to acting before courts, but also acting concomitantly before governmental organs and regulatory agencies.
In our leading cases we have been able to identify and cease illegal marketing, impound illegal goods and seek for indemnification, by using the law in favour of the holders. Our strategy has been successful against plant breeder’s rights infringement in Brazil.