How to protect a cultivar

Cultivar protection covers new plant varieties — any genus or species of higher plant that is clearly distinguishable from other known cultivars.

Legal basis

Law 9.456/1997 created the SNPC — National Cultivar Protection Service, linked to the Ministry of Agriculture and Livestock (MAPA).

Cultivars eligible for protection

Varieties of any genus or species of higher plant that meet the legal requirements and are listed in the species eligible for protection published by SNPC.

Requirements

The cultivar must be:

• Distinct — distinguishable from any other known on the application date
• Homogeneous — show, within each cycle, sufficient uniformity
• Stable — maintain essential characteristics across successive generations
• Novel — not commercialized before the legal cutoff date
• Properly named — unique and available
• Belong to a protectable species (SNPC/MAPA list)

Before applying — DUS Tests

Protection requires the performance of Distinctness, Uniformity and Stability (DUS) Tests following specific descriptors published by MAPA per species.

How to send to the Agency

1. Download the forms:
   • Cultivar Protection Request Form
   • Form 2 — Technical Report
   • Form 3 — DUS Instructions (access directly at MAPA per species)
2. Run the DUS Tests
3. Send all documents to nitrural@ufrrj.br
4. The Agency files the request before SNPC

Access forms on the Agency site ↗

See also

• SNPC — Ministry of Agriculture
• How royalties work