Existing tensions between private interest and social interest in the legal protection of plant varieties

Abstract

This paper aims to understand the exceptions to the legal protection of plant varieties as a counterpoint to the individual character of intellectual property. To that end, it first addresses the international movement surrounding the regulation of the creations of human creativity. Secondly, it addresses the social function of property, which pervades each and every form of property in Brazilian law, including intellectual property. Finally, the last chapter deals with the exceptions to the legal protection of plant varieties and with their importance for small farmers. At the close of the work, it was possible to consider that the insertion of provisions breaking with the purely individual character of plant variety protection is of the utmost importance, inasmuch as compliance with the social function of property is a constitutional command in this country. The deductive and monographic methods were used, together with the technique of bibliographical research in secondary sources.