Brazil has taken another step in strengthening its intellectual property system in the biotechnology field. On June 24, 2025, it officially published Legislative Decree No. 174/25 in its Official Gazette, formalizing its accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures.
The treaty simplifies the deposit process for biological materials used in inventions involving living microorganisms, such as those applied in vaccines, pharmaceuticals, and bioinputs. While approved by both chambers of Congress, the treaty must still be ratified by presidential decree to take full legal effect.
Currently, Brazilian inventors are required to send biological samples to foreign depositary institutions, which increases both costs and complexity. Once ratified, Brazil will be able to designate domestic institutions as International Depositary Authorities (IDAs), which will be officially recognized under the treaty.
Potential IDAs include Cenargen (Embrapa) and Fiocruz, provided they meet the treaty’s requirements, such as the ability to issue receipts and maintain sample integrity. The establishment of Brazilian IDAs is expected to reduce technical barriers, improve timelines, and enhance the country’s global competitiveness in biotechnology.
The adoption of the Budapest Treaty reflects Brazil’s commitment to fostering innovation and integrating more strategically into global research and development networks.