WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BRA/P/4
19 September 2000
(00-3704)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BRAZIL
The present document reproduces the text
1 of Decree 2.366, which regulates Law 9.456,
establishing the rules related to the operation of the National Service for the Protection of PlantVarieties, as notified by Brazil under Article 63.2 of the Agreement (see document IP/N/1/BRA/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BRÉSIL
Le présent document contient le texte1 du Décret 2.366, portant application de la Loi 9.456,
qui établit les règles relatives au fonctionnement du Service national de protection des variétés
végétales, notifié par le Brésil au titre de l'articl e  63:2 de l'Accord (voir le document IP/N/1/BRA/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BRASIL
En el presente documento se reproduce el texto1 del Decreto 2.366, por el que se regula la
Ley 9.456. que establece las normas relativas al funcionamiento del Servicio Nacional de Protección
de las Obtenciones Vegetales, notificada por el Brasil en virtud del párrafo 2 del artículo 63 delAcuerdo (véase el docum ento IP/N/1/BRA/2).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/BRA/P/4
Page 2
DECREE No. 2,366 OF THE 5TH OF NOVEMBER 1997
Institutes regulations concerning Law No. 9,456, of
April 25, 1997, which establishes Protection for PlantVarieties, rules on the National Plant VarietiesProtection Service - SN PC, and provides other
measures
THE PRESIDENT OF THE REPUBLIC , using his prerogatives as
provided in Art. 84, Insert IV, of the Constitu tion, and with due regard to the provisions of
Law No. 9,456 of April 25, 1997,
DECREES AS FOLLOWS:
Chapter I
GENERAL PROVISIONS
Section I
Preliminary Provisions
Art. 1st. The protection of plant varieties, as per the terms of Law No.
9,456 of April 25, 1997, shall be effected in accordance with the rules provided in thisDecree.
Art. 2nd. The protection of intellectua l property rights regarding plant
varieties is performed through the granting of a Plant Variety Protection Certificate, which isconsidered a commodity for all legal purposes and the sole form of protection for plant
varieties and legal form that may inhibit the free utilization of plants or of their reproductionor vegetative multiplication parts, in the Country.
Section II
The Plant Variety Protection Agency
Art. 3rd. The National Plant Vari eties Protection Service – SNPC,
created by Law No. 9,456, of 1997, within the scope of the Ministry of Agriculture andSupply, is the agency responsible for the protec tion of plant varieties in the Country, and are
especially attributed to this agency:
I – the protection of novel plant varie ties and of essentia lly derived plant
varieties, granting the corresponding  protection certificates thereto;
II – the progressive disclosure of the plant species and their respective
minimum descriptors, as require d to institute applications for protection, as well as the
deadline, in the case provided in alinea "a" of § 1st. of Art. 6th. of this Decree, for thesubmission of the applications;IP/N/1/BRA/P/4
Page 3
III – the preparation and submission to approval before the State Minister of
Agriculture and Supply, of additional rules, w ithin the scope of competence of the same,
concerning the protection of novel plant varietie s and of essentially deri ved plant varieties, as
well as of protectable plant varieties under Art. 4th., § 1st ., of Law No. 9,456 of 1997, of any
plant kind or species, and establish the forms required for the proceedings concerning the
application for protection;
IV – the reception, docketing, allowance and rejection of applications for
protection, submitted in the form of a petition si gned by the individual or business entity that
obtained a plant variety, or by a duly empowered attorney of the same;
V – the reception, docketing, judgem ent, allowance and rejection of
requests of impugnation submitted by third parties or by the applicant to the right ofprotection;
VI – the reception, docketing, instructing and forwarding to the State
Minister of Agriculture and Suppl y the appeals as filed by third parties or by the applicant to
the right of protection;
VII – the disclosure, by means of publication in the Official Gazette of the
Union and in a specialized periodic publicati on, of the resumes of the applications for
protection, the protection having been granted, the transfers of ownership, the declaration of
compulsory license or of restricted public use,  the transitory suspension, the extinction of the
protection and the nullity or the cancellation of the certificates of protection and otheractions, resolutions and administrative decisions arising from the protection of plant varieties;
VIII – the granting, upholding, transf er, cancellation and annulment of the
Provisional Protection Certificate and of the Plant Variety Protection Certificate;
IX – the creation of a structure, or the award of a license, for banks with a
view to the conservation of live species which shall integrate the germoplasm collectionrelative to protected plant varieties;
X – the provision for the realization of  field tests and laboratory testing to
differentiate the plant variety, when it so deems necessary;
XI – the supervision of compliance of the pertinent legal rules regarding
protection and right to protection;
XII – the provision of certificates relative to the matters dealt in Law No.
9,456 of 1977;
XIII – the establishment of mode ls for protection certificates;
XIV – the issuance of conclusive technical opinions in procedures of
request of compulsory licenses regarding protect ed plant varieties, as well as the adoption of
complementary measures, regarding notice to interested parties and supervision of theimplementation of licenses upon the granting thereof;IP/N/1/BRA/P/4
Page 4
XV – the issuance of conclusive technical opinions with a view to
substantiating declarations of restricted  public use of protected plant varieties;
XVI – the creation of workgroups compri sing experts to render assistance
in connection with specific matters;
XVII – the statement of opinions on the convenience of execution,
ratification or denunciation of conventions, treaties, covenants and agreements regarding the
protection of plant varieties;
XVIII – the recording, in the protected plant variety registry, of the
decisions concerning proceedings of compulso ry license and of declaration of restricted
public use;
XIX – the indication of the participation of officials in technical meetings,
committees and workgroups both of a domestic and of international nature concerning the
protection of plant varieties;
XX – the establishment of relationships with domestic, international and
foreign public and private institutions, with a view to maintaining a database concerning plantvarieties designations a nd descriptors, as well as for techni cal and scientific exchange within
the plant varieties protection field;
XXI – the implementation and updating of  the National Registry of Plant
Varieties - CNCP;
Sole paragraph. The technical services provi ded per Inserts IX and X of this Article
may be performed through covena nts or contracts, or by the credentials system, with public
or private concerns.
Art. 4th. The SNPC, whenever necessa ry, shall consult with the National
Industrial Property Institute – INPI, in order to determine whether the proposed designation
for the plant variety is already on record as a product or a service mark in connection with the
plant field or with that of application of the plant variety, the application thereof having been
filed or being already registered in that Institute.
Sole paragraph. The SNPC shall seek coor dination with the INPI with a view to
exchanging information pertaining to plant varieties protection with the trademarks filed andregistered in that Institute.
Section III
Plant Variety Protection in General
Art. 5th. There shall be considered, for the purposes of this Decree:
I – a breeder: the individual who obtai ns a plant variety and establishes
descriptors that may distinguish the same from any others;IP/N/1/BRA/P/4
Page 5
II – a descriptor: the morphologi cal, physiological, biochemical or
molecular characteristic which is genetically inherited and is utilized to identify the plantvariety;
III – a minimum margin: the minimum set of descriptors, at the SNPC’s
discretion, deemed sufficient to distinguish a nov el plant variety or an essentially derived
plant variety from the remaining known plant varieties;
IV – a plant variety: the variety of an y higher vegetable kind or species that
is clearly distinct from other known plant vari eties by a minimum margin  of descriptors, by
its own designation, being homogenous and stab le as concerning the descriptors throughout
successive generations and belonging to a species  which is useful to the farming and forestry
complex, being the object of description in an available specialized publication beingaccessible to the public, as well as the component strain of hybrids;
V – a novel plant variety: the plant variety not having been offered for sale
in Brazil for over twelve months of the date of the application for protection and that, with
due regard to the term for commercialization in Brazil, has not been offered for sale in othercountries, authorized by the breeder, for over six years for tree and vine species and for over
four years for the remaining species;
VI – a distinct plant variety: the plant variety that is clearly distinct from
any other which existence is acknowledged at the date of the application for protection;
VII – an homogenous plant variety: the plant variety that, when utilized in
planting, on a commercial scale, presents a minimum degree of variance as to the descriptorswhich identify the same, in accordance with criteria having been established by the SNPC;
VIII – a stable plant variety: the pl ant variety that, when reproduced on a
commercial scale, conserves its homogen eity throughout successive generations;
IX – an essentially derived plant vari ety: that being derived from another
plant variety provided that, cumulatively:
a) it is predominantly derived from the initial plant variety or from
another essentially derived plant variety, without ceasing to exhibit the essential
characteristics resulting from the genotype or of the combination of genotypes of the plantvariety from which it is derived, except as concerning the differences resulting from thederivation;
b) it is clearly distinct from the plant variety from which it derived, by a
minimum margin of descriptors, in accordance with criteria established by the SNPC;
c) it has not been offered for sale in Brazil for over twelve months of the
date of application for protec tion and, with due regard to th e term for commercialization in
Brazil, it has not been offered for sale in ot her countries, with the authorization of theIP/N/1/BRA/P/4
Page 6
breeder, for over six years for tree and vine sp ecies and for over four years for the remaining
species;
X – strains: the homogenous genetic  materials obtained through some
continued autogamic process;
XI – a hybrid: the immediate product of the crossing between genetically
different strains;
XII – a test of distinctness, homogeneity and stability (DHE): the technical
procedure to verify that the new plant variet y or the essentially derived plant variety are
distinct of another one which descriptor s are known, are homogenous as regards the
characteristics thereof in each cycle of reproduction and are stable as to recurrence of thesame characteristics throug hout successive generations;
XIII – a live sample: that which is supplied by the applicant to the right of
protection, and which, if utilized in the propagation of the plant variety, serves to confirm the
descriptors presented;
XIV – a seed: every and any plant structure utilized for the propagation of a
plant variety;
XV – propagation: the reproduction a nd the multiplication of a plant
variety, or the concurrence of such actions;
XVI – propagation material: every and any part of the plant or of the plant
structure utilized in the repr oduction and multiplication thereof;
XVII –a whole plant: the plant with all the parts thereof capable of being
utilized in the propagation of a plant variety;
XVIII –a farming and forestry comple x: the group of those activities related
to the cultivation of plant kinds and species aiming, among others, at human and animalnourishment, the production of fuels, oils, dyes , fibers and other implements for industrial,
medical, forestry and ornamental purposes.
Art. 6th. A novel plant variety or an essentially derived plant variety, of
any plant kind or species, are entitled to protection.
§ 1st. The plant varieties not fitting within the provisions of the caput
and having already been offered for sale befo re the date of the application shall also be
entitled to protection, provided that the following cumulative conditions are met:
a) that the application for protection be submitted within twelve months
of compliance with the provisions of § 2nd. of th is Article, for each species or plant variety;
b) that the first instance of commercialization of the plant variety has
occurred, at most, ten years before the date of the application for protection;IP/N/1/BRA/P/4
Page 7
c) the protection shall be effective only for purposes of utilization of the
plant variety to obtain essen tially derived pl ant varieties;
d) protection shall be granted for the remaining period of the terms
provided in Article 11 of Law No. 9,456, considering, to such end, the date of the first
instance of commercialization.
§ 2nd. The SNPC is due to disclose, progressively, the plant species
and the respective minimum descri ptors required to initiate a pplications for protection, as
well as the respective deadlines for the purposes of alinea “a” of the preceding Paragraph.
§ 3rd. The disclosure referred in th e preceding Paragraph shall follow
a scale of species, observing the following schedule, being expressed in cumulative totalprotected species:
a) on the date of initial effectiveness of this Decree: at least five species;
b) after three years: at least ten species;c) after six years: at least eighteen species;d) after eight years: at least 24 species.
Art. 7th. The designation of the pl ant variety to be protected shall
include at least one word, and at most, three,  one alphanumeric combination, a combination
of words and letters, or a comb ination of words and numerals.
§ 1st. The holder of the right to prot ection shall not be able to use, as
a designation for the plant variety, a designation that:
a) does not enable identification of the plant variety;b) may induce errors or be confusing as to the origin, the source, the
characteristics, the value or the identity of the plant variety, or as concerning the identity ofthe breeder;
c) is identical or possible to be  mistaken for another designation
indicating a formerly existing plant variety of the same botanical species or of a similarspecies;
d) is identical or possible to be mistaken for another designation over
which a third party holds a previously acquired right to protection;
e) be opposed to morals and proper social behaviour;
f) refers solely to common attributes of other plant varieties of the same
species;
g) is included in a botanical name  or a common name of a kind or
species;IP/N/1/BRA/P/4
Page 8
h) implies that the plant variety is de rived of another plant variety or is
associated thereto, when that f act does not correspond to reality;
i) includes terms such as: variety, plan t variety, form, hybrid, crossing, or
translations thereof;
j) due to distinct reasons, does not result in a generic designation of the
plant variety;
l) reproduces, wholly or in part, a pr oduct mark or service mark pertinent
to the field of plants, or of to the field of a pplication of plant varietie s, or a trademark having
notoriety.
§ 2nd. When the plant variety is al ready protected or in course of
acquiring protection in another country, the same designation must be conserved, except
when the same is inadequate due to language reasons or to any of the reasons listed in thepreceding Paragraph, the applicant being theref ore expected to propose another designation,
subject to shelving of th e application for protection.
Art. 8th. The individual or business entity that produces, for commercial
purposes, that sells, offers for sale, reproduces, im ports, exports, as well as packs or stores for
such purposes, the propagation material of a pr otected plant variety, shall be bound to utilize
the designation having been approved at the time of protection thereof.
Sole paragraph. For the purposes of the caput  of this Article, the designation of the
protected plant variety shall be associated to an industry or trade mark or to a trade name or
yet to a similar designation, provided that it may be easily recognized and is duly authorized
by the holder of the rights to the cited plant variety.
Art. 9th. During the term of protecti on of the plant variety, the holder of
the rights thereto must ensure that the protected plant variety remains in conformity with thedescription thereof, after successive reproduc tions or multiplication or , when the same has
defined a particular cycle of reproductions and multiplication, at the end of each cycle.
Art. 10. The original document of transfer by an action inter vivos  of
the ownership of protection of the plant variety shall include the complete qualification of the
assignor and of the assignee, as well as that of  the witnesses and the precise indication of the
protected plant variety.IP/N/1/BRA/P/4
Page 9
Chapter II
SPECIFIC PROVISIONS
Section I
Plant Variety Protection Application
Art. 11. An application requesting pr otection for a novel plant variety or
for an essentially derived plant variety shall onl y be allowed if the SNPC has effected prior
disclosure of the plant species and of the respective minimum descriptors.
Sole paragraph. The provisions of the caput  shall also apply to protectable plant
varieties, as per Article 4t h, § 1st. of Law No. 9,456 of 1997.
Art. 12. The application for protec tion of a plant variety shall be
submitted in a proper form, to be established by the SNPC.
Sole paragraph. In the case of an applicati on for protection of an  essentially derived
plant variety, the interested party shall, not withstanding the require ments provided in Article
14 of Law No. 9,456 of 1977, indicate, in addition to  the genetic origin provided in Insert III
thereof, the essentia lly derived condition.
Art. 13. The application for plant variety protection shall be submitted
to the SNPC, which will undertake the preliminar y formal examination thereof as to the
existence of synonyms, and where these are found not to exist, sh all docket the same,
provided it is properly instructed.
Art. 14. The docket data concerning the application for protection of a
plant variety shall include the date and the hou r of the registration, the filing number of the
application, the full name and addr ess of the interested party and of the attorney of the same,
if any, such that the protection requested be able to prevail.
Art. 15. Upon docketing the applica tion for plant variety protection,
there shall ensue an analysis to verify the legal and technical prescriptions, namelyconcerning the descriptors indicative of the DHE characteristics, evidence of performance oftests and analyses regarding the plant variety, among others.
§ 1st. Should there be found to exist a similarity between two or more
plant varieties of the same species, while the process is under examina tion, there shall prevail
the right to priority of the application for protection in the form provided in the precedingArticle.
§ 2nd. When the application for prot ection does not provide sufficient
data for a complete procedural analysis, the SNPC shall require that the applicant submit,within a delay of sixty days counted from recei pt of notice, a new t echnical specification, as
well as other complementary information.
§ 3rd. Upon compliance with the requirement provided in the
preceding paragraph and there still remaining doubt  as to the differentiation of the plantIP/N/1/BRA/P/4
Page 10
variety, the SNPC may perform the tests or comparative field experiments, the applicant
bearing the burden thereof, if the same so agr ees, or decide that the application be shelved.
§ 4th. In the case of a diligence, the term for publication of the
application for plant variety protection, of up to  sixty days, provided in Article 16 of Law No.
9,456 of 1977, shall therefore be counted from the date of full provision of the cited
diligence.
§ 5th. Upon publication of the applic ation, there shall ensue a term of
ninety days for the submission of eventual impugnations.
§ 6th. Upon receipt of the impugna tion, the SNPC shall serve notice,
within thirty days, to the applicant for protection, forwarding to the same a copy of the entirecontents of the impugnation, to submit a statement of reply within thirty days of the date of
receipt of the notice.
§ 7th. Upon receipt of the applic ant’s defense relative to the
impugnation, or upon expiry of the term of thirty days as provided in the precedingparagraph, and there not having been had a statement of reply thereto, the SNPC shall
provide a decision as to the allowance or rejection of the application for protection.
§ 8th. The decision allowing or rejecting the application for protection
may be appealed within sixty days of the date  of publication thereof, as per the provisions of
§ 7th. of Article 18 of Law No. 9,456 of 1977.
§ 9th. Upon receipt and docketing of  the appeal, the SNPC shall
institute the proceedings in connection therew ith, and submit the same to the State Minister
of Agriculture and Supply, who shall provide a decision within a delay of sixty days, counted
from that registration.
Art. 16. There falls upon the SNPC the issuance of official
requirements, upon publication of the application for protection, as to changing the name of
the plant variety, whenever:
I – there is ascertained the existence of some fact that may have inhibited
the acceptance of the designation, provided it is identified at the time of  examination of the
application for protection;
II – it is requested by the holder of the right or by its legal representative,
with due substantiation;
III – it is requested by a third part y, should there be ascertained the
existence of a prior right concerning the designation.
§ 1st. Upon allowance of the request  of change of designation, as
provided in Articles II and III of this Article, the SNPC shall require that the holder of theright indicate a new designation, within a delay of  sixty days, counted from the date of receipt
of the notification.IP/N/1/BRA/P/4
Page 11
§ 2nd. Should the requirement fail to be complied with in the delay
established in the preceding Paragraph, the a pplication shall be shel ved and the Provisional
Protection Certificate, where issued, shall be canceled.
§ 3rd. Upon a new designation for a plant variety having been
indicated, the application for protection shall be republished, there being thus reestablished
the delay of ninety days for eventual impug nations, the applicant being thereby informed.
Art. 17. The holder of the right to protection of a plant variety shall
provide to the SNPC all information and clarifications that may be requested thereon,including as to the inspection of the means adopt ed to conserve the living sample of the plant
variety in the possession thereof.
§ 1st. The samples supplied in order to integrate the plant varieties
germoplasm collection, to which refers Insert IX  of Article 3rd. of th is Decree, shall only be
possible to utilize for purposes of evidence in questions concerning plant variety protection.
§ 2nd. The handling and examination of  living samples referred in the
sole paragraph of Article 22 of  Law No. 9,456 of 1977, shall be restricted to evidencing the
DHE test of the plant variety.
Art. 18. For the plant variety protec tion application, the term for offer
for sale or commercialization to  be observed, for the purposes pr ovided in Article 6th. of this
Decree, shall be that of the first commerc ial operation involving the plant variety under
reference, as a basic seed, regi stered, certified or inspected.
Art. 19. There shall be consider ed valid, in order to instruct
administrative proceedings regarding applicati ons for protection of plant varieties, and to
follow up the course of those proceedings, the ce rtificates of the original documents of public
powers of attorney, as issued by the competent agencies.
Section II
National Registry of Prot ected Plant Varieties – CNPC
Art. 20. The National Registry of Protected Plant Varieties – CNPC
shall comprise, at least:
I – the number in the docket file of the application for protection;
II – the number of the Provi sional Protection Certificate;
III – the number of the Plant Variety Protection Certificate:
IV – the name of the species ( botanical name and common name);
V – the designation of the plant variety;VI – the date of effectiveness of protection;VII – the date of extinction of protection;VIII – the name and address of the holder of the protection right;
IX – the name(s) of the breeder(s);IP/N/1/BRA/P/4
Page 12
X – the name and address of the legal representative;
XI – the name and address of the technical person in charge;
XII – the indication of the country of origin of the plant variety;XIII – the changes in the protection certificate;XIV – the recorded annotations.
Section III
Compulsory License
Art. 21. The compulsory license is the instrument used by the Public
Office to authorize, on request of a legitimately interested party, the exploitation of theprotected plant variety, regardless of authoriz ation of the holder of the right thereto, for a
delay of three years, renewable for identical periods, devoid of exclusiveness, and against
remuneration, as provided in the present Decree.
§ 1st. For the purposes of request of a compulsory license, a
legitimately interested party is considered to be the producer of seeds as defined in the Law,provided that against the same there does not stand an action of infringement of the economic
establishment, as provided in Law No. 8,884, of 11 July 1994.
§ 2nd. The remuneration referred in the caput  shall be arbitrated by
the SNPC in the absence of an agreement between the holder of the right to the protectedplant variety and the requester of the co mpulsory license, based on freely negotiated
percentages in accordance with the current market practice for that species.
Art. 22. The request of compulsory license shall be instructed with:
I – the qualification of the requester;
II – the qualification of the holder of the right to the plant variety;III – the designation and a sufficien t description of the plant variety;
IV – the reasons for the request, with due regard to the provisions of Article
28 of Law No. 9,456 of 1977;
V – evidence in writing to the effect that the requester exhausted all
measures at his disposal, towards negotiating a proposal of voluntary license presented to the
holder of the right to the plant variety or to the attorney of the same;
VI – evidence to the effect that the requester is financially and technically
able to exploit the plant variety, embodied in:
a) an area of which he is the ow ner, or belonging in a cooperative;
b) a capacity for seed processing;c) a storage capacity;d) a technical person being responsible;e) an own or third party laboratory for seed analysis;f) a seed distribution network;g) a client listing;h) a descriptive listing of the plan t varieties that he produces and
commercializes, sorted by kind or species of plant;IP/N/1/BRA/P/4
Page 13
i) an evidence of his registration as  a seed producer, in the Ministry of
Agriculture and Supply;
j) a capital being compatible  with the production costs;
VII – other evidence demanded in a specific action from the Administrative
Board of Economic Defense – CADE, with due re gard, where applicable, to the provisions of
Article 35 of this Decree.
§ 1st. The requester shall indicate,  in addition, the existence of a
compulsory license in connection with the plant variety, granted to thir d parties, and of any
pending court proceedings, concerning the same subject, should he possess information
thereon.
§ 2nd. The SNPC and the CADE are bound to hold in secrecy, as
provided in the Law, the information provided by the applicant.
Art. 23. Upon receipt of the request of compulsory license, the Ministry
of Agriculture and Supply, where deemin g the requisites of the preceding Article
satisfactorily complied with, shall order:
I – the assessment of the request together with the attachments thereto;II – the preparation by the SNPC of a technical statement of opinion;
III – the service of notice to the holder of the plant variety and, when
applicable, to the holder of the compulsory license, towards submitting a reply, should the
same wish to do so, within a delay of ten da ys, counted from the date when the service of
notice is received;
IV – the publication of the resume of  the compulsory license request, for
the knowledge and impugnation of interested thir d parties, within the delay of ten days.
§ 1st. Upon expiry of the ten-day delay allowed to the holder of the
protected plant variety and to the holder of the voluntary license, if any, provided in Insert III
of this Article, the process, w ith or without manifestation, sh all be forwarded to the CADE,
instructed with the technical  statement of opinion, as provided in the following Article,
within a maximum delay of fifteen days.
§ 2nd. Should the requirement form not  be sufficiently instructed with
the documents that evidence the requirements provided in the preceding Article, the Ministryof Agriculture and Supply shall demand th at the requester submit complementary
documentation to the specified documentation, w ithin the delay of fifteen days, counted from
the date of receipt of the notificati on, subject to shelving of the request.
Art. 24. The technical statement of opinion of the SNPC regarding the
request of compulsory license shall include:IP/N/1/BRA/P/4
Page 14
I – a report concerning the request, which, in addition to duly regard the
provisions of Article 22 of this Decree, shall indicate the existence, where applicable, of prior
requests of compulsory license;
II – an objective appraisal of the adverse consequences to trade that the
license is intended to remedy;
III – a proposal of allowance or rejec tion of the compulsory license, with an
objective indication of the r easons for the recommendation.
Sole paragraph. The SNPC, when so reque sted, shall provide the CADE with the
additional information needed to instruct the compulsory license proceedings.
Art. 25. In the case where no complementary diligences are found
necessary, the CADE shall examine the request of compulsory license within a maximumdelay of thirty days.
Art. 26. Save for legitimate reasons , at the discretion of the CADE,
based on the technical statement of opinion pr ovided by the SNPC, the compulsory license
shall expire, regardless of notice if, within a delay of six months of publication of the
granting thereof, the requester has not undertak en the necessary measures for implementation
thereof.
Sole paragraph. The delay for implementation of the provisions of this Article may be
renewed once, on request of the interested pa rty, provided that it is duly substantiated.
Art. 27. The provisions considered in Law No. 9,279, of 14 May 1996,
shall be applied, where applicable, to the compulsory license.
Section IV
Restricted Public Use
Art. 28. The protected plant variety shall be declared as being of
restricted public use, ex officio , by the State Minister of Agriculture and Supply, based upon
a technical statement of opinion by the respective competent agencies, exclusively in theinterest of the public, to meet the requirements of the agricultural policy, in cases of nationalemergency, abuse of economic power, or ot her circumstances of extreme urgency and in
cases of non-commercial public use.
§ 1st. The protected plant variety shall be deemed to be of restricted
public use if, by means of an act of the Minist ry of Agriculture and Supply, it is exploited
directly by the Federal Union or by third par ties indicated thereby, not exclusively, without
authorization of the holder thereof, for a peri od of three years, renewable for equal periods,
provided that the holder is notified and re munerated in the form of this Decree.IP/N/1/BRA/P/4
Page 15
§ 2nd. The notice provided in the preceding paragraph shall be
immediately issued upon the publication of the decl aration of restricted public use and shall
contain at least:
a) reasons of the declaration;
b) listing of the individuals and business entities authorized to exploit the
plant variety, bearing the name, the addre ss and the registration number in the CPF –
Brazilian Individual Taxpayers Registry or the CGC – Brazilian Corporate TaxpayersRegistry before the Ministry of Finance;
c) pertinent remuneration;d) annual minimum volume of reproduc tion or vegetative multiplication of
the plant variety, necessary for the exploitation thereof.
§ 3rd. The remuneration to be provide d concerning the protected plant
variety, having been declared as being of restri cted public use, shall be calculated having as a
basis the market prices for the species, as practi ced at the date of the declaration, taking into
consideration the factors that determined the same.
Section V
Public Services
Art. 29. The services provided pe r Article 53 of Law No. 9,456 of 1977,
subject to remuneration by the regime of  specific public service prices, comprise:
I – application for protection;
II – annuity;III – transfer of ownership:IV – other amendments to the protection certificate;V – laboratory tests;VI – comparative field experiments concerning the DHE of the plant
variety;
VII – status certificates.
Art. 30. The Ministry of Agriculture and Supply is bound to establish,
collect and apply the values obtained from the re ndering of services provided in the preceding
Article, as well as to update the same.
Sole paragraph. The product of collection, as referred in the caput , shall be applied in
the training of personnel and in the impleme ntation, provision of means, improvement and
performance of the services provided in this Decree.IP/N/1/BRA/P/4
Page 16
Section VI
National Plant Varieties Pr otection Committee – CNPC
Art. 31. There is hereby established, w ithin the Ministry of Agriculture and
Supply, in a consulting nature and to provi de support to the SNPC, the National Plant
Varieties Protection Board, under the presidency  of the SNPC Top Official, comprised of a
representative of each agency and entity described hereinafter:
I – Farming and Livestock Defense S ecretary Office, in the Ministry of
Agriculture and Supply;
II – Ministry of Foreign Affairs;III – Ministry of Industry, Trade and Tourism;IV – Ministry of Science and Technology;V – Ministry of the Environment, Hydric Resources and Legal Amazon;VI – a national entity uniting the Plant Breeders;VII – Brazilian Association of Seed Producers;VIII – Brazilian Cooperatives Organization;IX – National Agriculture Confederation;X – National Confederation of Agriculture Workers;XI – Federal Board of Engineering, Architecture and Agronomy.
§ 1st. The members of the CNPC sh all be appointed by the State
Minister of Agriculture and Supply for a two- year term in office, which renewal shall be
permitted.
§ 2nd. Within a delay of thirty days, upon the publication of this
Decree, the agencies and entities listed in the caput  of this Article shall designate their
representatives, with the respective substitutes, to form the CNPC.
§ 3rd. The board shall meet with the presence of the simple majority
of the members thereof.
§ 4th. The decisions of the board shall be taken by the simple
majority of the members in attendance, the President providing the quality vote.
§ 5th. The members of the SNPC sh all not receive remuneration, the
services rendered by the same being considere d, for all purposes, as relevant in the cause of
the Country’s development.
§ 6th. The costs relative to travel and lodging arising from the
participation of the members in the CNPC meetings shall be borne by their respectiveagencies and entities being represented.
§ 7th. The SNPC shall provide ad ministrative and operational support
to the CNPC.IP/N/1/BRA/P/4
Page 17
§ 8th. The CNPC shall have a delay of sixty days, counted from the
establishment thereof, to prepare its internal regulation, which shall be approved by means of
an administrative ruling of the State Minister of Agriculture and Supply.
Art. 32. The CNPC is bound to:I – issue statements concerning matters submitted to its appraisal by the
SNPC;
II – suggest rules and regulations regarding plant varieties protection;
III – provide support to the SNPC c oncerning matters related to plant
variety protection, and partic ularly, about domestic and in ternational covenants and
agreements.
CHAPTER III
FINAL PROVISIONS
Art. 33. For the purposes of indemnities provided in Article 37 of Law
No. 9,456 of 1977, the remuneration of the holde r shall be calculated based upon the market
prices for the species, practiced at the time of ascertainment of the infringement,notwithstanding the applicable legal additions.
Art. 34. For the purposes of opening the proceedings for plant variety
protection, the following plant sp ecies are hereby disclosed: co tton, rice, potato, beans, corn,
soy, sorghum and wheat, which minimum descriptor s are defined in the form of Attachments
I through VIII of this Decree.
Sole paragraph. The disclosure of the remaining plant species, their minimum
descriptors and a lterations, if necessary, sha ll be made by the SNPC.
Art. 35. The State Ministers of Agri culture and Supply and of Justice,
within the scope of their respective prerogatives, shall provide complementary rules on theprocedures and the conditions for appraisal a nd granting of the compulsory license, with due
regard to the procedural requirements inherent to ample defense and protection of the right to
property established by Law No. 9,456 of 1977.
Art. 36. The structure of the SNPC shall be defined in the body of
regulations of the Ministry of Agriculture and Supply.
Sole paragraph. The State Mini ster of Agriculture and Supply, within a delay of sixty
days of publication of this Decree, shall approve the internal regulations of the SNPC, as wellas provide the reorganization of the departments in charge of activities related to seeds andseedlings, including those inherent to the laborator ies of seed analysis, in order to render the
same compatible with the SNPC structure.IP/N/1/BRA/P/4
Page 18
Art. 37. The State Minister of Agriculture and Supply is hereby
authorized, with due regard, where applicable, to the provisions of Article 35, to establish
complementary rules as necessary for the practice of this Decree.
Art. 38. This Decree shall be effective from the date of publication
thereof.
Brasilia, of 1997; 176th year since Independence and 109th year of the RepublicIP/N/1/BRA/P/4
Page 19
ATTACHMENT I – MINIMUM DESCRIPTORS FOR COTTON ( Gossypium L.)
Proposed name for the plant variety: ______________________________________
I – MORPHOLOGICAL DESCRIPTORS
Characteristic Description of the
characteristicCode for
each
descriptionCode that best
describes the
plant variety
1. Plant: Shape
(UP-BR)Cylindrical
Conic
RoundedNot defined1
234
2. Plant: Foliage density
(UP)Sparse
MediumDense3
57
3. Plant: Height(UP)Very low
LowMediumTallVery tall1
3579
4. Plant: Stem coloration
(BR)Green
PurplishPurple1
23
5. Plant: Pilosity(BR)Glabrous
Few hairsHairyVery hairy1
357
6. Plant: Growth habit(BR)Undetermined
Determined1
2IP/N/1/BRA/P/4
Page 20
7. Plant: Glandulation
(*) (UP-BR)Absent
NormalIntense1
59
8. Plant: Length of first
fruit-bearing branch
(UP)Very short
ShortMediumLongVery long1
3579
9. Leaf: Shape(*)(UP)Palmed
DigitedLanceolated1
23
10. Leaf: Size(UP)Small
MediumLarge3
57
11. Leaf: Number of lobes(BR)Three
FiveSeven1
23
12. Leaf: Depth of outline
(BR)Normal
Mediately Outlined
OkraSuper okraLaciniated1
2
345
13. Leaf: Color(BR)Light green
Normal greenDark green1
35
14. Leaf: Nectaries(*)(UP-BR)Present in central nervure
Present in central and side
nervures
Absent1
2
3IP/N/1/BRA/P/4
Page 21
15. Flower: Number of
teeth in the bracts
(BR)Less than 7
7 to 12More than 121
23
16. Flower: Nectaries of
the base of the bracts
(BR)Absent
IncipientPresent1
23
17. Flower: Color of the
corolla
(*)(UP-BR)Cream
YellowSulphur-yellow1
23
18. Flower: Blemishing of
petals
(BR)Absent
Present1
2
19. Flower: Imbrication of
petals
(BR)Not very imbricated
ImbricatedVery imbricated1
35
20. Flower: Position of
stigma
(BR)At the opening of the anthers
Above the anthersHigh above the anthers1
35
21. Flower:Length of fillets(BR)Short
MediumLong3
57
22. Flower: Color of the
pollen
(BR)Cream
YellowSulphur-yellow3
57
23. Apple: Shape (in
longitudinal section)
(*) (UP)Round
EllipticOval1
23
24. Apple:(*) Length of peduncle(UP)Short
MediumLong3
57IP/N/1/BRA/P/4
Page 22
25. Apple: Shape of fruit
(BR)Conic
OvalRoundedElongatedElliptic1
2345
26. Apple:Number of lodgings in
fruit
(BR)Three
FourFive1
23
27. Capsule:Retention of plume by the
capsule
(BR)Weak
NormalStrong3
57
28. Cupule:Color of linters(BR)White
Shade of creamShade of greenShade of maroon1
357
29. Cupule:Color of the fiber(BR)White
CreamMaroon1
35
30. Cupule(*) Length of fibers(UP)Very short
ShortMediumLongVery long1
3579
31. Cupule:(*) Strenght of fibers
against traction
(UP)Weak
MediumStrong3
57IP/N/1/BRA/P/4
Page 23
32. Cupule:
Thickness of the fibers(UP)Very thin
ThinMediumThickVery thick1
3579
33. Cupule:Content of linters(UP)Very low
LowMediumHighVery high1
3579
34. Seed:Size(UP)Small
MediumLarge3
57
35. Seed:Presence of linters upon
processing
(BR)Bare seed
Almost bare seedSparse lintersMedium lintersDense linters1
3579
(*) All the characteristics identified with an asterisk, are part of the UPOV minimum
requirements. At the discretion of the member  countries, there may be added descriptors
according to specific needs. However, the object consists in avoiding substantial differencesbetween descriptors from the various countries, in order to facilitate the exchange of genetic
material to be protected.
II – ADDITIONAL INFORMATION
1. Agronomic characteristics
There shall be detailed in accordance with the following schedule:
a) Productivity: quantity of cotton in grain produced, set
forth in kg/ha, there should be presented regarding the set of tests thegeneral average and the amplitude of variation.b) Cycle until blossoming: Average number of days from
emergence of the plantules until the opening of the first flower.c) Height of the plants: average distance, in centimeters,
from ground level to the end sprout of th e stem at the time of the first crop
(approximately 2/3 of fru its open), determined in 10 plants by parcel.IP/N/1/BRA/P/4
Page 24
d) Cycle until the crop: number of days since emergence
for the opening of at least 90% of the fruit.e) Precocity of maturation: average number of days from
the first flowers until dehiscence of 2/3 of the formed fruit.
Characteristic Description of the
characteristicCode for
each
descriptionCode that best
describes the
plant variety
36. Productivity Measured in kg/ha 1(.....kg/ha)
37. Cycle untilblossomingMeasured in days 1
(........days)
38. Height of the plants Measured in centimeters 1
(...........cm)
39. Cycle until the crop Precocious (less than 130
days)1
Medium (between 130 and
150 days)2
Delayed (more than 150 days) 3
40. Precocity of
maturationMeasured in days 1
(........days)
2. Production Components and technological
Characteristics of the Fiber:
 
a) Weight of the cupule: average weight, in grams, of
cotton in grain contained in a cupule.
b) Weight of 100 seeds: average weight, in grams, of one
hundred seeds, upon processing.
c) Percentage of fibers: the ratio between the weights of
the fibers and of the cotton in grain, expressed as a percentage.
d) Fiber index: weight of fiber contained in 100 seeds
IF=% of fiber x weight of 100 seeds (1 – % of fiber).
Characteristic Description of the
characteristicCode for
eachdescriptionCode that best
describes theplant variety
41. Weight of the cupule Measured in grams 1
(............ha)
42. Weight of 100 seeds Measured in grams 1
(............ha)IP/N/1/BRA/P/4
Page 25
43. Percentage of fiber Measured in % 1
(............%)
44. Fiber index 1
(................)
Note: Maturity of the fiber; length of the fiber; uniformity of length of fiber; fiber fineness
and fiber strength; cite the me thods of determination and the units adopted in the analysis.
3. Reaction to adverse factors
This information is very important to serve as:(i) Element of judgement upon divergences of
identity between plant varieties before the recordal of the same in the plant variety protectionsystem; and
                            (ii)        Descriptor in the ca se of the national Registry of
plant varieties for Commercialization.
Identify appropriately the reaction of the plant variety to:
Ramulosis angular (bacteriosis)FusariosisBlemish) VirosesVerticillium Wilt Reddish wiltNematoids
Characteristic Description of the
characteristicCode for
each
descriptionCode that best
describes the
plant variety
45. Reaction to Ramulosis
(Colletotichium gossypii)Susceptible
Resistant1
2
46. Reaction to Fusariosis(Fusarium sp)Susceptible
Resistant1
2
47. Reaction to
Verticillium  WiltSusceptible
Resistant1
2
48. Reaction to nematoids Susceptible
Resistant1
2IP/N/1/BRA/P/4
Page 26
49. Reaction to angular
Blemish
(Xanthomonas
malvacearum)Susceptible
Resistant1
2
50. Reaction to Viroses Susceptible
Resistant1
2
51. Reaction to “Reddish
Wilt”Susceptible
Resistant1
2
III. – CLARIFICATIONS FOR THE APPRAISAL OF SOME CHARACTERISTICS
(MORPHOLOGICAL CHARACTERIZATION IN FIELD CONDITIONS)
Note: Inform the samplings effected, the regi ons and the environmental conditions, wherein
the evaluations were conducted.
a) Characteristics of the plant:
item 1 Shape: Global aspect of the plant at the time of opening of the fruit
in normal experimental spacing (approxima tely 1.00 x 0.20 m for annual plants and 1.00 x
0.50 m for perennial plants).
• Cylindrical: with no vegetative branch or few and short.
• Conical: with two to three vegetative branches of average development,
forming acute angles with the stalk.
Rounded: with three or more vegeta tive branches well developed, forming
relatively open angles with the stalk.
Undefined: none of the prior configurations.
item 4. Coloration of the Stem: Predominant color of the stems, at the
beginning of the blossoming.
item 5. Pilosity: Predominant condition of the plants as to the presence of
hairs on the stems and leaves, observed at the beginning of blossoming.
item 6. Growth HabitUndetermined: when the cycle has ended and the environment conditions
are favorable, the plants resume vegetative growth.
Determined: when, even under favor able environment conditions, the
majority does not resume normal vegetative growth, instead showing a tendency to witherand die.IP/N/1/BRA/P/4
Page 27
item 7. Glandulation: Intens ity and size of endocrinous glands at the leaves
and stalk.
Absent:Normal: glands of average size, and in a quantity comparable to those of the
species G. hirsutum.
Intense: large glands, and, in quantity,  comparable to those of the species G.
barbadense  L.
b) Characteristics of the leaf: Observed on the first
month of blossoming:
item 11. Number of lobes: Predominant number in the majority of the plants.
item 14. Nectaries: Presence of nectarie s at the base of the central nervure
and the side nervures and on the dor sal (abaxial) face of the leaf:
c) Characteristics of the reproduction organs (observed
during the 30–40 days of beginning of blossoming):
Item 15. Number of teeth in the bracts: Av erage number of teeth in the bracts at the
time of opening of the flower:
Item 16: Shape of the bracts: Relati onship between the width and the length
of the bracts by means of visual appraisal at the time of opening of the flower.
NarrowMedium: normal for the species G. hirsutum  L.
Wide: common for the species G. barbadense  L.
“Frego” (very narrow and twisted)Item 17. Internal nectaries between the bracts. Presence of nectaries at the
points of insertion of the bracts in the floral peduncle.
Item 18: Color of the corolla: tint on the day of opening of the flower.Item 19. Blemishing of the petals: Exis tence of internal red blemish, at the
base of the petals, on the day of opening of the flower.
Item 20. Imbrication of the petals: Stat e of superposition of the petals over
the open corolla.
Item 21. Position of the stigma: Promin ence of the stigma relative to the
anther, for the majority of the plants, on the day of opening of the flower.
Item 22. Length of the fillets: Size of the fillets on the day of opening of the
flower.
• Short: similar to G. barbadense  L.
• Medium: similar to G. hirsutum  L.
Long: similar to G. hirsutum  L. r. marie galante  (“Mocó” type).
Item 23. Color of the pollen: Relative to the majority of plants, on the day
of opening of the flower.
Item 26. Shape of the fruit: Predominant shape of the fruit (apple) when
already formed, before the beginning of dehiscence.
Item 27. Number of lodgings in the fruit: predominant number of lodgings
in the fruits from the first crop.IP/N/1/BRA/P/4
Page 28
Item 36. Coating of the seeds: Presen ce and density of the linters, upon the
processing.
IV. – GENERAL ADVICES FOR THE CONDUCTION OF DISTINCTIVENESS,
HOMOGENEITY AND STABILITY TESTS (DHE)
A – Material required for the de scription of plant varieties
1. To comply with the provisions of Article 22 and the
sole paragraph thereof in Law No. 9,456/97, the a pplicant for the protection application shall
be due to submit two samp les of the plant variety that is the object of the protection, to wit:
•  manipulation sample : 1 kg
• sample for the germoplasm bank: 1 kg
2. Those seeds must attend all the minimum requisites
established as concerning ge rmination, purity and moisture content for commercial seeds.
The applicant is due to inform the present germinative capacity of the material, which shallbe the largest possible and must be indicated on the package.
3. The seeds should not have been subjected to any type
of treatment able to produce eventual effects on the subsequent growth of the plants, unless
the official authority requests or requires such treatment. If the same have been treated, full
information must be provide d in connection therewith.
B – Conditions for the conduction of the test s for description of the plant varieties
1. The minimum duration of the evaluati ons shall normally correspond to two
periods of cultivation.
2. The field evaluations shall be conducte d under conditions that may ensure the
normal growth of the plants. The size of the pa rcels shall be such that the plants, or parts
thereof, may be withdrawn for measurem ent and counting, without hindering the
observations which should be effected at th e end of the period of growth. As a minimum,
each evaluation should include a total number of  40 plants which may be divided in two or
more repetitions. The utilization of separate parcels for observation and measurement shallonly be possible if the same were subj ected to similar envi ronmental conditions.IP/N/1/BRA/P/4
Page 29
V – COMPARISON BETWEEN DESCRIPTORS OF A PLANT VARIETY SUBMITTED
FOR PROTECTION, WITH THE DESCRIPTORS OF ANOTHER PLANT VARIETYALREADY DESCRIBED, BEING MORE RESEMBLING
A. CHARACTERIS
TICPLANT VARIETY SUBMITTED MOST RESEMBLING
PLANT VARIETY
Days of emergence untilthe beginning of theblossoming
Days of emergence untilthe opening of the firstcupules
Cycle of the crop (days)
Height of the plant (cm)
Average weight of thecupule (g)
Color of the corolla ofthe flower
Length of the fiber
Shape of the leaf(palmed, digitated orlanceolated
Shape of the apple(round, elliptic or oval)
Name of the most resembling plant variety:.................................................
VI – INSTRUCTIONS FOR FILLING OF FORMS
1. In order to facilitate the evaluation of the various
characteristics, there has been prepared a coding scheme with values that may range between1 and 9, positioned next to the description for each parameter. The interpretation of suchcodification is as follows:
a) When the coding alternatives are sequential, i.e., there are no spaces
between the different values, the choice to de scribe the characteristic should be only one of
the listed values. Example: “Growth habit ha s in the codification the value of 1 for
“undetermined” and the value of 2 for “determin ed”. Only those two alternatives shall be
acceptable for filling the form.
b) When the coding alternatives are not sequential, i.e., there existing
spaces, one or more, between the proposed values , the choice to describe the characteristic
may be, in addition to those provided, intermedia te variations considered by the evaluator.
Example: “Color of the leaves” has a coding value of 1 for “light green”; 3 for “normalIP/N/1/BRA/P/4
Page 30
green” and the value of 5 for “dark green”. In this case, there may be chosen the value of 2
for a plant variety with leaves a shade lighter than the normal color, or the value of 4 for
leaves between normal and dark. The interval in this case is between 1 and 5, and it is not
possible to use values such as 6, 7, 8 or 9 (whe n the scale begins with a value 1, it indicates
that the values of the beginning and of the end are the extremes). When the alternatives, forexample, are 3 – 5 –7, there may be used any value between 1 and 9, since both extremes of
the scale show that there may exist va lues below and above those indicated.
2. When a certain characteristic will not be evaluated, for any technical
reason being pertinent, the same should be attributed the value of 0 (zero).
3. Some quantitative characteristics, which description is numeric (mm,
cm, g, kg/ha, etc.), should be recorded with th e effective measure in the space provided in the
questionnaire, which may be preceded by the code 1 (one). If that measurement was not
effected, the value to be informed should be 0 (zero).
4. Next to each of the characteristics and merely to guide the evaluator,
there are indicated some of the following abbreviations:
BR: indicates a characteristic pertaining solely to Brazil;UP: indicates a UPOV or interna tional standard, including Brazil;
UP–BR: is compliant with an international requirement, with modifications
for Brazil.
5. The proper filling of this questionna ire shall be submitted together with
the specific form of the Ministry of Agriculture and Supply, in order to request protection for
the plant variety in question.IP/N/1/BRA/P/4
Page 31
ATTACHMENT II – MINIMUM DESCRIPTORS FOR RICE ( Oryza sativa  L.)
Proposed name for the plant variety: ______________________________________
I – MORPHOLOGICAL DESCRIPTORS
Characteristic (*) Description of the
characteristicCode for
eachdescriptionCode that best
describes theplant variety
1. Leaf. Color
UP-BREPL:**: 50Light green
GreenDark greenPurple on tipPurple at marginPurplePurple (sheath)1
234567
2. Leaf. Pubescence of
the limbus
(*) UP–BREPL: 40 to 50Absent
ScarceMediumStrong1
357
3. Leaf. Color of the
auricle
(*) UP–BR
EPL: 40 to 69Light green
Purple1
2
4. Leaf. Color of the
ligula
BR
EPL: 40 to 69Colorless to green
Purple1
2
5. Leaf. Angle of the flag
leaf
BR
EPL: 68 to 70Upright
IntermediateHorizontalDescending1
357IP/N/1/BRA/P/4
Page 32
6. Culm. Length
(*) (excluding the panicle)
UP–BREPL: 70 to 92Short
MediumLong3
57( ____ cm)
7. Culm. Thickness
UP–BR
EPL: 65Fine
MediumThick3
57( ____ mm)
8. Culm. Angle of the
sprouts
BR
EPL: 80 to 89Upright
IntermediateOpen1
35
9. Culm. Color of the
internode
BR
EPL: 50Light green
Light goldenPurple stripesPurple1
234
10. Culm. Anthocyanin
coloration at the crowns
UPEPL: 70 to 77Absent/very faint
FaintMediumStrongVery strong1
3579
11. Panicle. Length
UP–BREPL: 78 to 93Short
MediumLong3
57( ____ cm)
12. Panicle. Type
BREPL: 80 to 90Compact
IntermediateOpen1
35
13. Panicle. Exsertion
BR
EPL: 80 to 90Complete
Medium
Tight1
3
5IP/N/1/BRA/P/4
Page 33
14. Panicle. Degraining
BREPL: 93Easy
IntermediateDifficult1
35
15. Panicle. Distribution
of the aristae
UPEPL: 70 to 93Only at the tip
¼ superior½ superior2/3 superiorWhole extension1
2345
16. Panicle. Length of the
aristae
UP–BREPL: 70 to 93Absent/very short
ShortMediumLongVery long1
3579
17. Spikelet. Color of the
stigma
UPEPL: 65White
Light greenYellowLight purplePurple1
2345
18. Spikelet. Pubescence
of the glumes
UPEPL: 90 to 93Absent/very faint
FaintMediumStrongVery strong1
3579
19. Spikelet. Color of the
apiculus (Blossomingphase)
BREPL: 60 to 69White
GreenYellowMaroonRedPurpleBlack1
234567IP/N/1/BRA/P/4
Page 34
20. Spikelet. Color of the
apiculus (Ripening phase)
UPEPL: 90 to 93White
YellowMaroonRedPurpleBlack1
23456
21. Spikelet. Color of the
glumes
BREPL: 90 to 93Straw/golden
Maroon blemishesMaroon stripesMaroonReddishPurple blemishesPurple stripesPurpleBlack1
23456789
22. Spikelet. Color of the
sterile glumes
BREPL: 90 to 93Straw
GoldenRedPurple1
234
23. Cultural cycle (period
from the seeding until thecomplete maturation).
UPVery short
ShortMediumLongVery long1
3579
24. Grains. Weight of
1000 grains
UP–BREPL: 95 to 97< 22,5
22,6 – 24,024,1 – 25,525,6 – 27,027,1 – 28,528,6 – 30,030,1 – 31,531,6 – 33,0> 33,01
23456789IP/N/1/BRA/P/4
Page 35
25. Grains. Length
(*) (caryopsis)UP–BREPL: 95 to 97Short
MediumLong3
57( ____ mm)
26. Grains. (caryopsis)
Shape
UP–BREPL: 95 to 97Rounded
Semi-roundedHalf-elongatedElongatedVery elongated1
3579
27. Grains. (caryopsis)
Color
UP–BREPL: 95 to 97White
Light brownBrownRedPurple1
2345
(*) All the characteristics identified with an asterisk, are part of the UPOV minimum
requirements. At the discretion of the member  countries, there may be added descriptors
according to specific needs. However, the object consists in avoiding substantial differencesbetween descriptors from the various countries, in order to facilitate the exchange of genetic
material intended to be protected.
(**) EPL: Stage for reading See item IV, growth stages of cereals.II – COMPLEMENTARY INFORMATION
Characteristic Description of the
characteristicCode for
eachdescriptionCode that best
describes theplant variety
28. Disease/pest: Susceptible
Resistant1
2
29. Disease/pest: Susceptible
Resistant 2
30. Disease: Susceptible
Resistant1
2
31. Productivity of grains Measured in kg/ha 1
( __ kg/ha)IP/N/1/BRA/P/4
Page 36
– Reaction to environmental stresses
– Characteristics associated with grain quality
III – GENERAL ADVICES FOR CONDUCTING THE DISTINCTIVENESS,
HOMOGENEITY AND STABILITY TESTS (DHE)
A – Material required for the desc ription of the plant varieties
1. In order to comply with the pr ovisions of Article 22 and the sole
paragraph thereof in Law no. 9,456/97, the appli cant of the request for protection shall be
required to submit two samples of seeds of the pl ant variety that is the object of protection, to
wit:
sample for manipulation: 1 kgsample for germoplasm bank: 1 kg
2. The seed samples must attend all the minimum requisites established
as concerning germination, purity and moisture  content for commercial seeds. The applicant
is due to inform the present germination pe rcentage, which should be the highest possible.
The seed samples should not have been subjected  to any type of treatment able to produce
effects on the subsequent growth of the plants, unless the official authority allows or requires
a certain treatment. If they have been treate d, detailed information mu st be provided on the
treatment.
B – Conditions for conducting the tests fo r description of the plant varieties
1. The minimum duration of the evaluations should, normally, correspond
to two periods of cultivation.
2. The evaluations should be conducted  at a set location. If any important
characteristic of the plant variety may not be observed at a certain lo cation, the plant variety
may be observed at alternative locations.
3. The field evaluations should be conducted under conditions that may
ensure the normal growth of the plants. The size of the parcels shall be such that the plants, or
parts thereof, may be withdrawn for measur ement and counting, without hindering the
observations which should be effected at th e end of the period of development. Each
evaluation should include an av erage number of 1000 plants, in a normal seeding density as
recommended for the region, which should be divided into two or more repetitions.
4. The utilization of separate parcels for observation and measurement
shall only be possible if the same are subj ect to the same envi ronmental conditions.IP/N/1/BRA/P/4
Page 37
IV – GROWTH STAGES OF THE CEREALS
CODE GENERAL DESCRIPTION
GERMINATION
00 Dry seed01 Start of soaking02 –03 Complete soaking04 Radicle emerged from the caryopsis05 –06 –07 Coleoptile emerged from the caryopsis08 –09 Leaf atop the coleoptile
GROWTH OF THE PLANTULES
10 First leaf across the coleoptile (profilo)11 First leaf to open (unrolled)12 2 leaves13 3 leaves14 4 leaves15 5 leaves16 6 leaves17 7 leaves18 8 leaves19 9 or more leaves open
SPROUTING
20 Only the main culm21 Main culm and 1 sprout22 Main culm and 2 sprouts23 Main culm and 3 sprouts24 Main culm and 4 sprouts25 Main culm and 5 sprouts26 Main culm and 6 sprouts27 Main culm and 7 sprouts28 Main culm and 8 sprouts29 Main culm and 9 or more sprouts
ELONGATION OF THE CULM
30 Elongation of the pseudo-culm31 First node detected32 Second node detected33 Third node detected34 Fourth node detected35 Fifth node detectedIP/N/1/BRA/P/4
Page 38
36 Sixth node detected
37 Flag leaf visible38 –39 Ligule/collar visible from the flag leaf
RUBBERIZATION
40 –41 Length of the sheath of the flag leaf42 –43 Beginning of the rubberization44 –45 Full rubberization46 –47 Opening of the flag leaf48 –49 First aristae visible (for aristate forms only)
EMISSION OF THE PANICLE
50–51 First spikelet visible52–53 ¼ of the panicle emerged54–55 ½ of the panicle emerged56–57 ¾ of the panicle emerged58–58 Full emergence
ANTHESIS
60–61 Beginning of the anthesis62 –63 –64–65 Half of the anthesis66 –67 –68–69 Full anthesis
MILKY STAGE
70 –71 Aqueous stage of the caryopsis72 –73 Initial milky74 –75 Medium milky76 –77 Late milky78 –79 –IP/N/1/BRA/P/4
Page 39
SLURRY STAGE (FARINACEOUS)
80–82 –83 Initial slurry84 –85 Soft slurry86 –87 Hard slurry88–89 –
RIPENING
90 –91 Hard caryopsis (difficult to divide with tip of nail)92 Hard caryopsis (cannot be  broken with tip of nail)
93 Loosening of the caryopsis during the day94 Post-maturation, dead and falling straws95 Dormant seed96 Viable seed with 50% germination97 Non-dormant seed98 Secondary dormancy induced99 Secondary dormancy lost
V – INTERPRETATION AND STAGE OF THE DESCRIPTORS (CHARACTERISTICS
OF THE PLANT)
A. Leaf
1. Color – The coloration of the limbus and sheath should be observed at
the beginning of the appearance of the panicles (stage 50).
2. Pubescence of the limbus – Observe between rubberization and
emission of the panicle (stage 40 to 50).
3. Color of the auricle: Observe at the second-to-last leaf, between
rubberization and anthesis (stage 40 to 69).
4. Color of the ligula – Observe at the second-to-last leaf, between
rubberization and anthesis (stage 40 to 69).
5. Angle of the flag leaf – Observe the angle formed relative to the culm,
at the anthesis (stage 68–70): upright – < 30° , intermediate – between 31 and 60°, horizontal
– between 61 and 90°, descending – > 90°.
B. Culm
6. Length – Take the measure in cm of the main culm from ground level
to the cilia node of the panicle, in a sample of 20 plants, from the filling of the grains (stage
70 to 92).
7. Thickness – Take the measure in mm of the diameter of the middle
part of the main culm, in a sample of 20 plants during the anthesis (stage 65).
8. Angle of the sprouts – Observe during filling of the grains (stage 80 to
89). Classify in: upright – < 30°; in termediate – 30 to 60°; open > 60°.IP/N/1/BRA/P/4
Page 40
9. Color of the internode – Observe at the beginning of the blossoming
(stage 50).
10. Coloration of anthocyanin (purple color) at the nodes – Observe
between the beginning of the filling and the end of the milky phase of the grains (stage 70–77).
C. Panicle
11. Length – Take the distance, in cm from the cilia node to the last
spikelet of the panicle, from the filling of the grains (stage 78 to 93).
12. Type – The panicles are classified according to the angle of the
primary ramifications during th e ripening (stage 90 to 93).
13. Exsertion – Evaluation of the distance between the collar of the flag
leaf and the cilia node, effected during th e filling of the grains (stage 80 to 90);
Complete – Cilia node at a distance of 5 cm or more from the collar of the flag leaf;
Medium – Cilia node between 1 and 5 cm  from the collar of the flag leaf;
Tight – Cilia node located at the same level as the collar of the flag leaf.
14. Degraining – Determine the percentage of threshed grains upon
pressing slightly on the panicle using the hand. The degraining shall be considered difficult
when less than 25% of the grains of the panicl e are removed; intermediate with 25 to 50% of
grains removed; easy when more than 50%  of the grains are removed (stage 93).
15. Presence and distribution of the aristae – The presence of aristae
should be observed upon the filling of the grains (stage 70 to 93).
16. Length of the aristae – Characteristic observed upon the filling of the
grains (stage 70 to 93).
D. Spikelet
17. Color of the stigma – observed at the anthesis (stage 65).
18. Pubescence of the glumes – Observe during ripening (stage 90 to 93).19. Color of the apiculus at the blossoming: observe during the anthesis
(stage 60 to 69).
20. Color of the apiculum at ripening: Observe during maturation of the
grains (stage 90 to 93).
21. Color of the glumes – Observe at the end of ripening (stage 90 to 93).22. Color of the sterile glumes – Observ e at the end of ripening (stage 90
to 93).
E. Cycle
23. Culture cycle – Period between the seeding and the complete ripening.
Compare with local witnesses.
F. Grains
24. Weight of 100 grains – Weigh 10 samples of 100 grains being fully
developed to 13% moisture. Expre ss in grams with two decimals.IP/N/1/BRA/P/4
Page 41
25. Length of grain – Determine in 200 entire hulled grains, unpolished,
taken at random. Express in  mm with two decimals.
26. Shape of hulled grain – Classify based on the ratio between
length/width of the hulled, unpolished grai ns, in: rounded (L/W under 1.50); semi-rounded
(L/W between 1.50 and 2.00); semi-elongate (L /W between 2.01 and 2.75); elongate (L/W
between 2.76 and 3.50); very elongate (L/W over 3.50).
27. Color of hulled grain – Observe upon the hulling of the grains and
before polishing.
VI. COMPARISON BETWEEN THE DESCRIPTORS OF A PLANT VARIETY
PRESENTED FOR PROTECTION, WITH THE DESCRIPTORS OF ANOTHERALREADY DESCRIBED PLANT VARIETY, THAT MOST RESEMBLES THE FORMER
B. CHARACTERISTICPLANT VARIETY
SUBMITTEDMOST RESEMBLING
PLANT VARIETY
LEAF
Pubescence of the limbus
Angle of the flag leaf
Color of the leaf
CULM
Length
NUMBER OF DAYS FOREMISSION OF THE PANICLE
Days of seeding until 50% ofpanicles emerged
PANICLE
Presence and distribution ofaristae
SPIKELET
Pubescence of the glumes
Color of the apiculus at ripening
Color of the glumes
GRAINS
Length of hulled grain
Shape of hulled grain
Name of the most resembling plant variety: _________________________________IP/N/1/BRA/P/4
Page 42
VII – INSTRUCTIONS FOR FILLING OF FORMS
1. In order to facilitate the evaluation of the various
characteristics, there has been prepared a coding scheme with values that may range between1 and 9, positioned next to the description for each parameter. The interpretation of suchcodification is as follows:
a) When the coding alternatives are sequential, i.e., there are no spaces
between the different values, the choice to de scribe the characteristic should be made in
respect of only one of the listed values. Exam ple: “Color of the auricle” has in the
codification the value of 1 for “light green” a nd the value of 2 for “purple”. Only those two
alternatives shall be acceptable for filling the form.
b) When the coding alternatives are not sequential, i.e., there existing
spaces, one or more, between the proposed values , the choice to describe the characteristic
may be, in addition to those provided, intermedia te variations considered by the evaluator.
Example: “Angle of the sprouts” has a coded value of 1 for “upright”; 3 for “intermediate”
and the value of 5 for “open”. In this case, th ere may be chosen the value of 2 for a plant
variety with sprouts that are almost uprig ht, or the value of 4 for sprouts between
intermediate and open. The interval in this case is between 1 and 5, and it is not possible to
use values such as 6, 7, 8 or 9 (when the scal e begins with a value 1, it indicates that the
values of the beginning and of the end are the extremes). When the alternatives are 3 – 5 –7,there may be used any value between 1 and 9, since both extremes of the scale show that
there may exist values below and above those indicated.
2. When a certain characteristic will not be evaluated, for any technical
reason being pertinent, the same should be attributed the value of 0 (zero).
3. Some quantitative characteristics, which description is numeric (mm,
cm, g, kg/ha, etc.), should be recorded with th e effective measure in the space provided in the
questionnaire, which may be preceded by the code 1 (one). If that measurement was not
effected, the value to be informed should be 0 (zero).
4. Next to each of the characteristics and merely as a guide to the
evaluator, there are indicated so me of the following abbreviations:
BR: indicates a characteristic pertaining solely to Brazil;UP: indicates a UPOV or interna tional standard, including Brazil;
UP–BR: is compliant with an international requirement, with modifications
for Brazil.
5. The proper filling of this questionna ire shall be submitted together with
the specific form of the Ministry of Agriculture and Supply, in order to request protection for
the plant variety in question.IP/N/1/BRA/P/4
Page 43
ATTACHMENT III – MINIMUM DESCRIPTORS FOR POTATO  ( Solanum tuberosum  L.)
Proposed name for the plant variety: ______________________________________
I – MORPHOLOGICAL DESCRIPTORS
Characteristic Description of the
characteristicCode for
eachdescriptionCode that best
describes theplant variety
1. Shoot (see figure 2)
(*) ShapeUPSpherical
OvalConicalWide cylindricalNarrow cylindrical1
2345
2. Shoot(*) Coloration of the baseUP–BRGreen
Red-PurpleBlue-purple1
23
3. Shoot
(*) Intensity of coloration
at the base
UPWeak
MediumStrong3
57
4. Shoot
(*) Pubescence of the
base
BRSlight
MediumIntense3
57
5. Shoot (see figure 3)
Aspect of the apex
UPClosed
MediumOpen3
57
6. Shoot
Intensity of the radicular
origins
BRLow
MediumHigh3
57IP/N/1/BRA/P/4
Page 44
7. Shoot (see figure 4)
Length of lateral shooting
UPShort
MediumLong3
57
8. Plant
Type of plant relative to
the foliation
UP–BROpen
IntermediateClosed1
23
9. Plant (see figure 5)
Growth habit
UPUpright
Semi-uprightCollapsed3
57
10. Plant
(*) Pigmentation of the
stem
UPAbsent
FaintIntermediateStrongVery strong1
3579
11. Plant
WingsBRAbsent
StraightWavyDentate1
234
12. Leaves
InsertionBRAcute (angle of insertion <
45°)
Obtuse (angle of insertion >
45°)1
2
13. Leaves (see figure 6)
ClosureUPClosed
MediumOpen3
57
14. Leaves
Pigmentation of the main
nervure
UP–BRAbsent
Present1
2IP/N/1/BRA/P/4
Page 45
15. Leaflets
(*) SizeUPSmall
MediumLarge3
57
16. Leaflets (see figure 7)
WidthUPNarrow
MediumWide3
57
17. Leaflets (see figure 8)
CoalescenceUP–BRAbsent/rare
Frequent1
2
18. Leaflets
(*) Undulation of the
edges
UPAbsent/very rare
FaintMediumStrongVery strong1
3579
19. Leaflets
Frequency of secondary
leaflets
UPNull/very low
LowMediumHighVery high1
3579
20. Inflorescence
Frequency of flowersUP–BRAbsent
Present1
2
21. Inflorescence
Length of floral peduncleBRShort
MediumLong3
57IP/N/1/BRA/P/4
Page 46
22. Inflorescence
Pigmentation of floral
peduncle
UP–BRAbsent
Present1
2
23. Inflorescence
(*) Coloration of the inner
part of the corolla
UPWhite
Red-purpleBlue-purple1
23
24. Inflorescence
(*) Intensity of
pigmentation at the innerpart of the corolla, incolored flowers
UPWeak
MediumStrong3
57
25. Inflorescence
(*) Pigmentation at the
outer part of the corolla,in white flowers
UPAbsent
Present1
2
26. Fruits
Frequency of fruitsUP–BRNull
LowMediumHighVery high1
3579
27. Vegetative cycle
UP–BRPrecocious (< 90 days)
Medium (90–110 days)Long (> 110 days)1
23IP/N/1/BRA/P/4
Page 47
28. Tubercles
(*) Shape (100 x
length/width). Average
UP–BR1. Round (< 110)
2. Oval (110–150)
3. Oval-elongate (151–
170)
4. Long (> 170)1
234
29. Tubercles
Depth of eyesUP–BR5. Shallow
6. Medium
7. Deep1
35
30. Tubercles
Asperity of the membraneUP–BR8. Smooth
9. Rough
10. Reticulated1
35
31. Tubercles
(*) Color of the
membrane
UP–BR11. Yellow
12. Red1
2
32. Tubercles
(*) Color of the pulpUP–BR13. White
14. Cream
15. Light yellow
16. Deep Yellow1
234
33. Tubercles
Greenage of the tuberclesUP17. Absent/very slight
18. Slight
19. Medium
20. Strong
21. Very strong1
3579
(*) All the characteristics identified with an asterisk, are part of the UPOV minimum
requirements. At the discretion of the member  countries, there may be added descriptors
according to specific needs. However, the object consists in avoiding substantial differencesbetween descriptors from the various countries, in order to facilitate the exchange of genetic
material intended to be protected.IP/N/1/BRA/P/4
Page 48
II. – GENERAL ADVICES FOR THE CONDUCTION OF DISTINCTIVENESS,
HOMOGENEITY AND STABILITY TESTS (DHE)
A – Material required for the de scription of plant varieties
1. To comply with the provisions of Article 22 and the
sole paragraph thereof in Law No. 9,456/97, the a pplicant for the protection application shall
be due to submit two samples of tubercles of the plant variety that is the object of theprotection, to wit:
• manipulation sample  : 300 tubercles
• sample for the germoplasm bank: 150 tubercles
2. The diameter of the tubercles submitted should be of
35 to 50 mm, visible healthy, not lacking in vi gor or being affected by pests or important
diseases.
B – Conditions for the conduction of the test s for description of the plant varieties
    1. Shoot characteristics: for an ad equate development of the shoots, the
tubercles should be kept from the crop until the evaluation in ambient temperature, under
diffuse lighting. The shoots developed in t hose conditions should be evaluated between 90
and 120 days after the crop of the tubercles, de pending on the velocity of development of the
shoot.
    2. Characteristics of plants, of  leaves, of leaflets, of blossoming,
frequency of fruits, vegetative cycle and character istics of tubercles: s hould be evaluated for
at least two plantings, in different years, on the same epoch, in the same location. Thecharacteristics of the plant, of leaves and of  leaflets should be evaluated between 45 and 50
days after planting. The characteristics of  blossoming should be evaluated during the
blossoming peak. The frequency of fruits shoul d be determined upon the catching and before
the ripening thereof. The vegetative cycle shoul d be determined in days, beginning at the
planting and ending when 80% of the plants s how complete senescence. The characteristicas
of the tubercle should be determined un til, at most, fifteen days after the crop.
    3. Additional tests may be performed for specific purposes.
C – Methods and observations
    1. For the description of the characteristics of the shoots a minimum
quantity of 20 tubercles should be used.
    2. For the description of the characteristics of the plant, of the leaves and
of the fruits a minimum quantity of 60 plants  should be used, divided in two or more
repetitions.
    3. For the description of the characteristics of the tubercles a minimum
quantity of 30 tubercles should be use d, divided in two or more repetitions.
NOTICE: The English version of this law is provided only as a means of reference. It is noted
that the Portuguese version solely constitutes the official one, for any use the reader may intend.
__________