Genetic identification has been continuously evolving during the last century. The recent development of whole-genome projects allowed the discovery and characterization of a large number of single nucleotide polymorphisms (SNP). A number of high-throughput DNA methods has decreased the cost of DNA marker analysis and increased the amount of samples that can be processed at a time. Using this information and methods, many private and governmental laboratories offer a wide range of genetic tests, many of which have been patented. In the field of genetic resources, a significant amount of law-making has been developed at the international and regional levels. Many South American countries currently lack jurisprudence in relation to the protection of DNA sequences. In this paper, we compared laws related with life-form patents in some countries from South America. Nowadays, the knowledge and technology leveling of many of these countries allows marker assisted selection (MAS) programs to be applied. Herein, we resume the economical value of MAS. Finally, we present a point of view on the pertinence, viability and conditions for developing and applying MAS programs in South America.