Factual and Legal Issues About Sugar Cane Plant Varieties in Brazil
Sugar cane (“Saccharum officinarum”) is one of the world's most important crops due to its multiple uses – it is primarily used for the production of sugar, and also as a raw material for the manufacture of rum, cachaça (a traditional spirit from Brazil), molasses and ethanol. Brazil is the largest producer of sugar cane in the world. It was also the first country to produce sugar and ethanol, conquering the external market with the use of biofuel as an alternative energy source. Considering the commercial and economical importance of sugar cane to Brazil, the scope of the present paper is to analyze factual and legal issues involving sugar cane plant variety protection in the country, with a focus on the feasibility or not to make research activities and genetic improvement related to such crops in Brazil without the breeder's authorization, based on the breeder's exemption from the International Convention for the Protection of New Varieties of Plants (UPOV Convention) and in the wording of Article 10, § 1, of Law 9456, of April 25th, 1997 (Brazilian Law on Plant Varieties Protection). Based on (i) the historical background behind such a provision before the House of Representatives; (ii) the submission by Brazil of the text of its national law to the analysis of UPOV, which was considered by such an entity to be in accordance with the UPOV Convention and its principles; and (iii) the principle of lex posterior derogate priori, it is hereby concluded that the most appropriate interpretation to the referred Article 10, § 1 is in the sense that genetic improvement and scientific research activities are permitted without the breeder's authorization
Year of publication: |
2017
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Authors: | Sapienza Cardozo, Vivian |
Publisher: |
[2017]: [S.l.] : SSRN |
Subject: | Brasilien | Brazil | Zuckeranbau | Sugar farming | Zuckerindustrie | Sugar industry |
Saved in:
freely available
Extent: | 1 Online-Ressource (65 p) |
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Series: | |
Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: MIPLC Master Thesis Series (2015/16) Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 14, 2016 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10012954257
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