Plant Varieties: The Great Forgotten in the Technology Transfer Project

Currently under discussion in the National Congress is the draft bill that establishes regulations on the transfer of technology and knowledge (Bulletin No. 16,686-19). This project aims to create a regulatory framework for the transfer of results derived from scientific and technological research to the market and society at large.

Although it is a commendable initiative, the project presents two aspects that could be improved concerning the treatment of plant variety rights.

Firstly, the project distinguishes between industrial property rights and plant variety rights, giving the impression that these are two completely separate categories. However, in other sections, it remains silent and refers only to industrial property rights or trade secrets, introducing ambiguity. This confusion is evident in relevant articles such as Article 11, which addresses the rights and obligations concerning the results of publicly funded research.

It is essential that plant variety rights are explicitly included in the regulation. Otherwise, conflicts are likely to arise in the future regarding the appropriate treatment of these rights. One possible solution would be to include a definition of intellectual or industrial property rights that also encompasses plant varieties.

The second aspect deserving attention is the ownership of plant varieties generated by researchers. Currently, Law 19,039 regulates so-called "service inventions" in Articles 68 and following, stipulating in Article 70 that research institutions or universities have the authority to request the registration of inventions developed by their employees, whether dependent or independent. However, there is no similar regulation governing the ownership of plant varieties in such cases.

To address this omission, the proposed modification could be extended to Law 17,336 in Article 12 of the project, including rights over plant varieties. Alternatively, the service invention statute established in Law 19,039 could be applied to these rights.

In summary, while the draft bill represents a necessary step forward in technology transfer, it is crucial that it explicitly and adequately addresses plant variety rights to avoid future conflicts and ensure fair and clear treatment in this crucial area for agricultural innovation.