# Law No. 9456 of April 25, 1997

> Brazilian law

**Wikidata**: [Q105647390](https://www.wikidata.org/wiki/Q105647390)  
**Source**: https://4ort.xyz/entity/law-no-9456-of-april-25-1997

## Summary
Law No. 9456 of April 25, 1997 is a Brazilian law that establishes the legal framework for the protection of plant cultivars, known as the "Lei de Proteção de Cultivares." It was approved by the Presidency of the Federative Republic of Brazil under President Fernando Henrique Cardoso and is applicable throughout Brazil. The law regulates the registration, authorization, and protection of new plant varieties, ensuring their commercial rights and preventing unauthorized use.

## Key Facts
- **Title:** Lei nº 9456, de 25 de abril de 1997
- **Aliases:** Lei de Proteção de Cultivares
- **Country:** Brazil
- **Law Digest:** Institui a Lei de Proteção de Cultivares e dá outras providências.
- **Approved By:** Presidency of the Federative Republic of Brazil
- **President at Approval:** Fernando Henrique Cardoso
- **Date of Approval:** April 25, 1997
- **Instance Of:** Statute
- **Publication Date:** April 25, 1997
- **Place of Publication:** Brasília
- **Applies To Jurisdiction:** Brazil
- **Language of Work:** Brazilian Portuguese
- **Legal Citation:** Lei nº 9456/1997
- **LexML Brazil ID:** urn:lex:br:federal:lei:1997-04-25;9456
- **Work Available At URL:** [Official Text](https://www.planalto.gov.br/ccivil_03/leis/l9456.htm)
- **Main Subjects:** Time limit, export, import, sales, project scope, authorization, fine, legal norm, protection, rights, criterion, creation, hypothesis, definition, extinction, decision, validity, correlation, absence
- **Wikidata Description:** Brazilian law
- **WikiProject:** WikiProject Brazilian Laws

## FAQs
**What is the purpose of Law No. 9456 of April 25, 1997?**
The law establishes the framework for the protection of plant cultivars in Brazil, ensuring the commercial rights of new plant varieties and preventing unauthorized use. It regulates the registration, authorization, and protection of these varieties, which is crucial for agricultural innovation and intellectual property rights.

**Who approved Law No. 9456?**
The law was approved by the Presidency of the Federative Republic of Brazil on April 25, 1997, during the presidency of Fernando Henrique Cardoso. It was published in Brasília and is applicable throughout Brazil.

**What does the law regulate?**
The law regulates the registration, authorization, and protection of new plant varieties, including criteria for their recognition, the rights of cultivators, and the conditions for commercial use. It also establishes penalties for unauthorized use and ensures the validity of registered cultivars.

**How does the law protect plant cultivars?**
The law protects plant cultivars by granting legal rights to their creators, ensuring that only authorized users can sell or export them. It establishes a system for registration and authorization, along with criteria for the recognition of new varieties, and provides for penalties in case of infringement.

**What are the main subjects covered by the law?**
The law covers various aspects related to plant cultivars, including time limits for registration, export and import regulations, sales conditions, project scope, authorization requirements, fines for violations, legal norms, protection measures, rights of cultivators, criteria for recognition, and the creation, definition, and extinction of cultivars.

## Why It Matters
Law No. 9456 of April 25, 1997 is significant because it provides a legal framework for the protection of plant cultivars in Brazil, which is essential for agricultural innovation and intellectual property rights. By regulating the registration, authorization, and protection of new plant varieties, the law ensures that cultivators can benefit from their creations and prevents unauthorized use. This is crucial for the development of the agricultural sector and the promotion of technological advancements in plant breeding. The law also establishes a system for the recognition of new varieties and provides for penalties in case of infringement, ensuring the integrity of the agricultural market. Overall, the law plays a vital role in supporting the Brazilian agricultural industry and fostering innovation in plant cultivation.

## Notable For
- **Establishment of a Legal Framework:** The law is notable for creating a comprehensive legal framework for the protection of plant cultivars in Brazil, ensuring the rights of cultivators and preventing unauthorized use.
- **Regulation of Plant Varieties:** It is significant for regulating the registration, authorization, and protection of new plant varieties, which is crucial for agricultural innovation and intellectual property rights.
- **Penalties for Infringement:** The law establishes penalties for unauthorized use of protected cultivars, ensuring the enforcement of legal rights and the integrity of the agricultural market.
- **Criteria for Recognition:** It provides criteria for the recognition of new plant varieties, ensuring that only valid and innovative cultivars are protected.
- **Support for Agricultural Innovation:** The law supports agricultural innovation by granting legal rights to cultivators and promoting the development of new plant varieties.
- **Commercial Rights Protection:** It protects the commercial rights of cultivators, ensuring that they can benefit from their creations and prevent unauthorized use.

## Body
### Legal Framework and Approval
Law No. 9456 of April 25, 1997, known as the "Lei de Proteção de Cultivares," was approved by the Presidency of the Federative Republic of Brazil under President Fernando Henrique Cardoso. The law was published in Brasília on April 25, 1997, and is applicable throughout Brazil. It is a statute that establishes the legal framework for the protection of plant cultivars, ensuring their commercial rights and preventing unauthorized use.

### Purpose and Scope
The primary purpose of the law is to regulate the registration, authorization, and protection of new plant varieties. It ensures that cultivators can benefit from their creations and prevents unauthorized use, which is crucial for agricultural innovation and intellectual property rights. The law covers various aspects related to plant cultivars, including time limits for registration, export and import regulations, sales conditions, project scope, authorization requirements, fines for violations, legal norms, protection measures, rights of cultivators, criteria for recognition, and the creation, definition, and extinction of cultivars.

### Protection and Enforcement
The law protects plant cultivars by granting legal rights to their creators, ensuring that only authorized users can sell or export them. It establishes a system for registration and authorization, along with criteria for the recognition of new varieties, and provides for penalties in case of infringement. This ensures the integrity of the agricultural market and supports the development of the Brazilian agricultural industry.

### Commercial Rights and Innovation
By regulating the registration, authorization, and protection of new plant varieties, the law ensures that cultivators can benefit from their creations and prevents unauthorized use. This supports agricultural innovation and promotes the development of new plant varieties, which is essential for the growth of the agricultural sector. The law also establishes a system for the recognition of new varieties and provides for penalties in case of infringement, ensuring the integrity of the agricultural market.

### Impact and Significance
Law No. 9456 of April 25, 1997, is significant because it provides a legal framework for the protection of plant cultivars in Brazil, which is essential for agricultural innovation and intellectual property rights. By regulating the registration, authorization, and protection of new plant varieties, the law ensures that cultivators can benefit from their creations and prevents unauthorized use. This supports the development of the agricultural sector and fosters innovation in plant cultivation. The law also establishes a system for the recognition of new varieties and provides for penalties in case of infringement, ensuring the integrity of the agricultural market. Overall, the law plays a vital role in supporting the Brazilian agricultural industry and fostering innovation in plant cultivation.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1997-04-25;9456)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9456&ano=1997&data=25/04/1997&ato=ebaMzYU90MJpWTd77)
3. LexML Brasil