Regenerative agriculture: ecosystem recovery through agriculture
By Ingrid Graziano, “leader” of Sustainability Products for Cargill South America
On 03 and 04/05/2024, the President of Brazil and his Minister of Development, Industry, Commerce and Services (MDIC) received the Prime Minister of Japan, Mr. Fumio Kishida, on an official visit to the country, with the aim of to reinforce the global strategic partnership and increase commercial exchange between both nations. Among other topics, investments and cooperation in foreign trade, energy transition, sustainable agriculture, cyber security, artificial intelligence and global warming mitigation were discussed, resulting in the signing of 38 bilateral cooperation memorandums, 36 from the public sector and 2 from the private sector and highlighting the following cooperations:
(a) between the Japan International Cooperation Agency (JICA) and the Ministry of Agriculture and Livestock (MAPA), the Ministry of Agrarian Development and Family Farming (MDA) and the Brazilian Agricultural Research Corporation (Embrapa), on sustainable agriculture and livestock recovery of degraded lands;
(B) between the Ministry of Foreign Affairs of Japan (MOFA) and the Institutional Security Office (GSI) of the Presidency of Brazil, in the field of cybersecurity and artificial intelligence;
(C) between the Japanese Ministry of Economy, Commerce and Industry (METI) and the Brazilian Ministry of Development, Industry, Commerce and Services (MDIC), regarding the industrial area;
(D) between the Japan Foreign Trade Organization (JETRO) and the Brazilian Export and Investment Promotion Agency (Apex Brasil), to stimulate partnerships and business development to promote investments, especially in areas related to innovation.
In 2023, Japan was Brazil's 2nd trading partner in Asia and 9th in the world, with trade exchange of around USD 12 billion and a Brazilian surplus of approximately USD 1,5 billion. Japan is the 7th largest foreign investor in Brazil, with diversified investments that include sectors such as automotive and steel, industrial equipment, medical devices and electrical materials. According to IBGE, Brazil's population currently has around 203 million people, almost 3 million of whom are of Japanese descent, the largest in the world outside of Japan. Japan is home to the 5th largest Brazilian community abroad, with more than 200 thousand national. In 2025, diplomatic relations between Brazil and Japan will complete 130 years.
The “Japan-Brazil Green Partnership” initiative also includes: renewable and sustainable energy, biofuels, biomaterials, sustainable agriculture, food security, recovery of degraded land, mitigation of global warming and climate change, environmental preservation, among other segments.
In this context, how to guarantee commercial exclusivity on innovations and exclude their unauthorized exploitation by competitors, both in Brazil and Japan; and in any other country of interest? Invention patents, with 20 years of exclusivity.
In Brazil, since 2012, the National Institute of Industrial Property (INPI) has had the Green Patents Program, offering, upon request, differentiated services to those who have their green technologies submitted and accepted for patent protection. In short, the entire processing of the patent application is prioritized and it receives the official “Green Patents” seal.
A green technology for these purposes is considered to be one related to the areas of:
• Sustainable Agriculture: e.g. soil improvement, reforestation techniques, alternative pesticides, alternative irrigation techniques;
• alternative energy: e.g. biofuels, biomass pyrolysis/gasification, wind and solar energy;
• transport: e.g. hybrid and electric vehicles, charging stations for electric vehicles;
• energy conservation: e.g., storage of electrical and thermal energy;
• waste management: e.g. waste treatment, pollution control, reuse of used materials, air quality management.
In Brazil, until the end of 2023, on average, invention patents took around 5 years to be granted by the INPI. The same patents, but via the green route, could take up to 3 years to obtain; sometimes in less time. The 20 years of exclusivity are counted from the initial protocol
By Pedro Moreira, industrial property agent and partner at Dannemann Siemsen
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