Appropriability Conditions and The Plant Variety Protection Law in Brazil

Abstract

This article presents an overview of appropriability conditions that are impacted by the Plant Variety Protection Law (LPC) in Brazil. The LPC was drafted in Brazil in 1997 after a long discussion that involved both international and national pressure for property rights regulations. The national perspective observed the sanction of this Law as an important strategy for bridging intellectual property rights and technological development. Although a new agricultural context was created by LPC, its efficiency in promoting appropriability for high yield varieties has been questioned and its capability of including the characteristics of agricultural cultures has been contested. David Teece’s approach on appropriability and complementary assets guides this analysis that also revises data provided by the National Plant Variety Protection from 1997 to 2016, and shows that although LPC have had an important role in institutionalizing high yield research and development in Brazil, it does not immediately guarantee appropriability.