Brazil has implemented its obligation under TRIPS to provide a means for protection of new plant varieties by enactment of Law 6456 of April 28, 1997. The law will be brought into effect gradually with protection initially being available only for a few species (at least 5) which will be set out in regulations that have not yet been promulgated. The law provides that protection for other species will be added later so that in eight years' time protection will be available for at least 24 species.

For protection under the new law there must have been no marketing of the plant variety in Brazil for more than 1 year prior to the date of requesting protection and no marketing anywhere in the world for more than 6 years for tree or vine species or 4 years prior to the date of requesting protection for all other species. The new variety must be "clearly distinct" from prior varieties and must be stable after repeated propagation. In addition to these requirements the applicant for protection must provide a name for the plant variety. Once granted, protection lasts for 18 years for most trees and vines or 15 years for all other species.