Propriedade intelectual na cadeia de flores e plantas ornamentais: uma análise da legislação brasileira de proteção de cultivares

The paper addresses the impacts of the Brazilian Plant Variety Protection (PVP) System on the flower chain. While the system has stimulated the marketing of new varieties of plants it has also raised transactions costs for companies operating in the country. Because the farmers’ privilege provision is not well delineated within the national jurisprudence, protection of property rights may became ineffective for asexually reproduced plants. In order to deal with such situation, foreign breeding companies have adopted specific contractual arrangements partially supported by the existing intellectual property rights regime. Based on semi-structured interviews with breeders, flowers growers and wholesalers, the paper explores the specificity of concrete experiences in the Brazilian market and advances policy recommendations that may serve for the improvement of marketing and investment conditions at the flower chain.