The Breeder's Exception to Patent Rights

The Breeder's Exception to Patent Rights
Author: Viola Prifti
Publisher: Springer
Total Pages: 195
Release: 2015-06-02
Genre: Law
ISBN: 331915771X

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This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder’s exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

European Union Plant Variety Protection

European Union Plant Variety Protection
Author: Gert Würtenberger
Publisher:
Total Pages:
Release: 2021
Genre: Electronic books
ISBN: 9780191926969

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The third edition of this authoritative guide to the European Community plant variety protection system combines comprehensive explanation of the system with practical guidance on obtaining and enforcing protection.

Intellectual Property Rights in Plant Varieties

Intellectual Property Rights in Plant Varieties
Author: Laurence R. Helfer
Publisher: Food & Agriculture Org.
Total Pages: 120
Release: 2004
Genre: Law
ISBN: 9789251052228

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The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.

Plant Breeder's Rights Act 1994 (Australia) (2018 Edition)

Plant Breeder's Rights Act 1994 (Australia) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
Total Pages: 44
Release: 2018-06
Genre:
ISBN: 9781720631132

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Plant Breeder's Rights Act 1994 (Australia) (2018 Edition) The Law Library presents the complete text of the Plant Breeder's Rights Act 1994 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Plant Breeder's Rights Act 1994 (Australia) (2018 Edition) - A table of contents with the page number of each section

European Community Plant Variety Protection

European Community Plant Variety Protection
Author: Gert Würtenberger
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2006
Genre: Plant varieties
ISBN: 9780199286164

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This book is intended as a practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94. This system was introduced to enable breeders to protect in Europe new varieties of plants with a tailor-made intellectual property right. The plant breeding industry is an important sector in the European Community with an increasingly competitive atmosphere forcing breeders to protect their products and enforce their IP rights against competitors. This book provides a systematic approach to the Community plant variety protection system. The authors explain how to obtain plant variety protection and how to enforce rights to that protection. They also consider various interpretations of the provisions of the Regulation as well as the strengths and weaknesses of the system. The book covers the only existing system protecting plant breeders' interests, and will be the only comprehensive up-to-date resource on Community Plant Variety Rights.

Innovation, Economic Development, and Intellectual Property in India and China

Innovation, Economic Development, and Intellectual Property in India and China
Author: Kung-Chung Liu
Publisher: Springer Nature
Total Pages: 513
Release: 2019-09-06
Genre: Law
ISBN: 981138102X

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This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.

European Union Plant Variety Protection

European Union Plant Variety Protection
Author: Gert Würtenberger
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2015
Genre: Law
ISBN: 9780198732785

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Présentation de l'éditeur : "This book is an invaluable and practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94 and how it enables European breeders to protect new varieties of plants with a tailor-made intellectual property right. It combines a comprehensive explanation of the system with clear guidance on the law in practice, including how to obtain plant variety protection and how to enforce rights to that protection. It analyses the interrelation of plant variety rights with other IP rights, and provides guidance on the appropriate form of protection, considering the strengths and weaknesses of the system. The book also features time-saving references for further information on national, Community and international plant variety protection and enforcement. Plant variety law now protects a market of almost 500 million customers, and as awareness of the advantages of Community-wide protection has grown, the volume of cases brought before the General Court (GC) and the Court of Justice of the European Union (CJEU), as well as scholarship in this area, has grown rapidly. This new edition has been fully revised and updated with all recent jurisprudence, including case law concerning the demarcation of patents and plant variety rights, function of guidelines, termination of scope of protection of protected plant variety rights in infringement proceedings including the role of the plant variety description, function of guidelines, international competence of courts dealing with CPVR infringement issues. This is the most up-to-date and authoritative guide to the world's largest system for plant variety protection, and an essential resource for practitioners in this field."

Plant Variety Rights

Plant Variety Rights
Author: A. P. Ockwell
Publisher:
Total Pages: 32
Release: 1982
Genre: Crops
ISBN:

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Local Knowledge, Intellectual Property and Agricultural Innovation

Local Knowledge, Intellectual Property and Agricultural Innovation
Author: Michael Blakeney
Publisher: Springer Nature
Total Pages: 247
Release: 2020-06-22
Genre: Business & Economics
ISBN: 9811546118

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This book examines the role of local knowledge in promoting agricultural innovation and legislative support for agricultural innovation through intellectual property laws and the protection of farmers’ rights. In assessing the role of intellectual property in promoting agricultural innovation the book examines plant variety rights protection, the patenting of plant varieties and plant breeding methods; gene patents and climate change; open source biotechnology and agricultural innovation and geographical indications and the marketing of agricultural products. As a test bed for the application of the themes of the book, it applies a case study approach to look at the role of local knowledge and intellectual property rights in the cultivation of traditional rice varieties in Kerala, South West India and the extent to which this cultivation is supported by Indian legislation. The book concludes with an examination of the success of self-help groups, such as Farmers’ Clubs. This book appeals to all readers interested in policies to promote sustainable agriculture at a time of increasing food insecurity. A special feature of the book is the case study approach. To date, the role of local knowledge and agricultural innovation has been almost entirely ignored and the role of intellectual property in this space has been largely ignored. The book is a result of a research collaboration between the University of Western Australia and Kerala Agricultural University, funded in part by the Australian Research Council.