Legal protection of cultivars In UPOV, TRIPs and limits in brazilian legislation: The embatement between public and private interest

:The advancement of science and biotechnology in the agricultural area and the approximation between science and the market by the encouragement of investments in the area, lead to the expectations of claims of protection of intellectual property rights on the innovation produced. One of the ways of protecting the creations of new plant varieties —sui generis— is the Cultivar. In order to develop this theme, starting from the analysis of the international protection of intellectual property on cultivars by UPOV and its alterations, and of TRIPs, in order to verify the legal regime of intellectual property on cultivars in Brazil, identifying whether the predicted limits of protection on cultivars allows the balance between private and public (collective) interests.