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(...) The body of legislation that has not been notified to the TRIPS Council includes the laws on: (...) access to and benefit sharing of genetic resources and associated traditional knowledge; (...)

Table 3.22 National IPR legislation, 2017
Subject/Law Coverage Duration Exclusions and limitations Remarks
Patents
Industrial Property Law No. 9,279 (14 May 1996), amended by Law No. 10,196 (14 February 2001)
Law No. 13,123 (20 May 2015) Any invention that is new and involves an inventive step and is capable of industrial application. 20 years from date of filing. At least 10 years of effective patent protection is granted if more than 10 years have passed between the application's filing and the granting of the patent.
Substances, materials, mixtures or products of any kind, and processes for their modification, when resulting from the transformation of the atomic nucleus; biological processes and natural living material; surgical techniques and methods; computer programmes per se. Compulsory licences may be granted in cases of anti-competitive behaviour, national emergency or in public interest. Law No. 10,196/2001: prior approval from ANVISA for granting patents for pharmaceutical products and processes.
Decree No. 4,830/2003 regulates the granting of compulsory licences.
Law No. 13,123/2015 regulates access to and benefits sharing of genetic resources and associated traditional knowledge.
(...)

(...) During the period under review, Brazil has taken steps to streamline the submission and examination of applications for various forms of industrial property protection, including patents and trademarks. Procedural innovations included: the implementation of a system for simplified electronic filing and WIPO's Industrial Property Automation System (trademark applications); fast-track examination initiatives (e.g. for "Green Patents", and applications by micro-enterprises and the disabled); publication of examination guidelines (patents and trademarks); and a productivity incentive programme for examiners.

During the period under review, Brazil introduced penalty provisions for infractions in the collective management of copyright and related rights, and in the benefit sharing of genetic resources and associated traditional knowledge. (...)

Brazil, a net exporter of crude oil with one of the greenest energy matrixes in the world, remains nearly self-sufficient in primary energy production. Its Ten-Year Plan for Energy Expansion 2024, inter alia, aims at raising the share of renewable sources in the energy matrixes. (...) Biofuel production, an activity subject to cross-subsidization elements, continued to be assisted, inter alia, through: support to sugarcane production and fuel-flex cars; lending incentives to expand the industrial capacity for sugar and ethanol production; and, increased mandatory blending ratios for both gasoline and diesel. The state-owned ELETROBRAS continues to play a major role in the electricity sector. Since 2015, a tariff flag system allowing the monthly pass through of the extra costs of generating thermal energy to consumers has been applied. Electricity tariffs, set by the regulator ANEEL, continue to ensure cross-subsidization among different consumer categories. In addition, the tax burden on end-user electricity tariffs remains significant and differs greatly across consumer groups.

(...) Agriculture also remains an important contributor to the country's energy supply (Section 4.2.3.3) as, inter alia, sugar cane biomass provides over one third of the country's renewable energy output.

During the review period, Brazil's basic agricultural policy and institutional framework remained unchanged. Its main policy objectives consist of expanding grain storage capacity, soil correction and recovery, and agricultural mechanization by fostering investments in these areas. In addition to its three main components, i.e. market price policy, rural credit, and crop insurance Subsidies (Section 4.2.4), which, inter alia, support commercial agriculture and small-scale family agriculture, other important policy measures, including agricultural land zoning and the promotion of biofuels and organic production, contribute to the shaping of agricultural policy. (...)

Table 4.4 Federal Government agricultural support programmes, 2013-16 (prevailing norms for crop-year 2016/17)
Products/projects Beneficiaries Credit limit Annual interest rate Duration Disbursement (R$ million)
Medium-Scale Agricultural Producer Support Programme (PRONAMP)
Investment in goods and services aimed at increasing productivity and income.
Financeable items: financing and investment. In case of financing, it is also allowed to include funds to small expenses considered as investments (repair and conservation of production assets, installation, acquisition of service animals, deforestation) Gross annual income up to R$1.76 million, at least 80% from agricultural activities Financing: R$1.5 million; investment: R$430,000 Financing (working capital and investment): 8.5%; commercialization: 9.5% Financing: up to 2 years; investment: up to 8 years (3 year grace period) 2013: 13,496.3
2014: 19,044.2
2015: 16,843.6
2016: 19,293.9
(...)
Low Carbon Agriculture Programme (ABC Programme)
Projects to reduce greenhouse gas emissions (e.g. recovery of pastures, recovery of degraded areas, organic crops, directing planting, integration of crops, cattle production, forest, forest plantation, environmental recuperation, waste treatment, Dendê plantation, and biological nitrogen fixation) Farmers and cooperatives R$2.2 million; up to R$5 million for planted forests 8.5%; producer placed within PRONAMP framework: 8% Up to 15 years 2013: 608.0
2014: 333.3
2015: 413.8
2016: 681.0
Programme for the Modernization of Agriculture and the Conservation of Natural Resources (MODERAGRO)
Projects related to sanitary and/or environmental adaption needs limited to 35% of the amount of the investment in the following activities/crops: apiculture, aquaculture, poultry, chinchilla production, rabbit breeding, floriculture, fruit, palm trees, olive growing, production nuts, horticulture, sheep and goat farming, milk, fishing, frog culture, sericulture and pig farming.
Combat brucellosis and tuberculosis Farmers and cooperatives Farmers: R$880,00 (individual farmer) and 2.64 million (collectively taken); R$220,000 no PNCEBTa limited to R$5,000 per animal 9.5% Up to 10 years (3 year grace period) 2013: 259.3
2014: 357.3
2015: 626.2
2015: 472.6
(...)

According to the OECD, whereas the agricultural credit system is intended to address failures in financial markets, it also creates risks (default) for government and producers, particularly since the macroeconomic situation has deteriorated (Section 1.2.1). The higher availability of funds for loans is potentially creating excess supply. Most of this credit is concentrated on subsidizing short-term borrowing such as working capital and commercialization loans that further distort markets. A reform of the concessional credit system could consider a gradual downsizing of concessional loans for working capital to commercial producers, simplifying regulations and procedures, and re-focusing to support on-farm investments that explicitly incorporate technological innovations and advanced farm management and environmental practices.

(...) Access of family farmers to the biodiesel market continues to be promoted under the Social Fuel Seal initiative (Section 4.2.3.3.2). (...)