Intellectual Property in the Brazilian Agricultural Sector

A Case Study of the Inter-University Network for the Development of the Sugar-Energy Sector (RIDESA)

Abstract

Intellectual property is a legal device that guarantees the individual or legal entity the protection of their creations, be they products or processes, covering copyright, industrial property and sui generis protection, modality in which the plant variety property rights are included. In this sense, this paper analyzes the intellectual property rights in the Brazilian agricultural sector, through a case study of the Inter-University Network for the Development of the Sugar-Energy Sector (RIDESA), by raising data related to research, development and protection of sugarcane cultivars, designated by the prefix Republic of Brazil (RB). In order to do so, a brief historiography of the evolution of legislation on the subject, the conditions and consequences of Brazil's adherence to international agreements such as “Trade Related Aspects of Intellectual Property Rights” (TRIPS) and the convention of “International Union for the Protection of New Varieties of Plants” (UPOV), as well as, a survey about the emergence and role of RIDESA as a collaborative innovation network was also carried out. As a result, it was possible to conclude that the issue of intellectual property rights on cultivars is multidimensional and suggest the need for creation of functional and consolidated models of knowledge management in collaborative innovation network. Among the elements and factors constituting the crisis in the Brazilian sugar-energy sector, mainly on the basis of the varietal census for the states of the northeast region (especially the state of Alagoas), it was possible to point the importance of RIDESA in the context of overcoming crisis of the sugar-energy sector through innovation.