cientific revolutions have brought to our midst the terms related to biology and the plant cultivation of diversified species. Following international trends, Brazil has adopted procedures for the protection of biotechnological, pharmaceutical products and also related to the handling and cultivation of plants.

Biotechnology -According to new Law 9279, of May 14, 1996, which regulated the rights of industrial property some articles were introduced directly related to biotechnology, like:

Article 10, item IX, defines that every invention resulting from human effort and creativity can be patented (with the necessary safeguards originated from the patent objective analysis), while every living organism or discovery found in nature is not considered patentable.

Article 18, item III, mentions the patentability of transgenic microorganisms which comply with the requirements of novelty, inventive activity and industrial application and which can be proven as originating from direct human intervention.

Many aspects are still under discussion such as the fact that plants and animals are not patentable, but their obtaining processes could be patented, providing they satisfy the necessary legal requirements. Anyway, after engaging Trips Treat, Brazil started procedures for receipt and acceptance of subjects related to Biotechnology.

Plants - The Plants Protection Law (No.9456 of April 25, 97 - published on April 28, 97) was originated from the need to create an International Organization to guarantee the protection of plant varieties. This Organization was created in 1961 and has the cooperation of almost every Latin American country. In view of international agreements, Brazil was also forced to develop its own Plants Protection Law, which was sanctioned and published in April/1997 and regulated on November 05, 1997.

This Law foresees the protection and the definition of the "Plant", "new Plant" and the "essentially derived Plant". Article 8 stipulates that plant protection will comprise the reproductive material or vegetative multiplication material of the whole plant, while article 10 defines in which cases the protection right will not be applicable.

One of the most important aspects is the definition of the plant protection for a 15-year period, from the concession of the Provisional Protection Certificate, excepting grapevines, fruitful trees, forest trees and ornamental trees, including, in each case, their graft inserters for which the protection will cover an 18-year period.

The law also foresees the protection which guarantees property rights to their obtainers (independent person or company), to the resulting work contracts, to the reproduction, sale, exchange, marketing rights, etc. as well as the extinction of the protection rights.

The creation of the SNPC - Plant Protection National Service was confirmed and will maintain the National Register of Protected Cultivars.