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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.


Intellectual Property Law and Plant Protection

Intellectual Property Law and Plant Protection
Author: Kamalesh Adhikari
Publisher: Routledge
Total Pages: 184
Release: 2019-09-17
Genre: Law
ISBN: 0429602073

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This book is the first to provide a detailed and critical account of the emergence, development, and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore the concerns of diverse national stakeholders, the histories and dynamics of law-making, and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the ‘unused policy space’ in international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of New Varieties of Plants, as well as international obligations beyond these, such as those contained in the Convention on Biological Diversity and the Plant Treaty. It also highlights the many ways in which Asian experiences can offer new insights into the relationship between intellectual property and plants, and how relevant laws might be re-imagined in other regions, including Africa, Europe, and the Americas. By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners, and policy-makers engaged in work surrounding intellectual property laws, agricultural biodiversity, and plant breeding.


Intellectual Property Rights, Trade and Biodiversity

Intellectual Property Rights, Trade and Biodiversity
Author: Graham Dutfield
Publisher: Earthscan
Total Pages: 240
Release: 2000
Genre: Law
ISBN: 1849776237

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This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.


Intellectual Property Rights and Agriculture in Developing Countries

Intellectual Property Rights and Agriculture in Developing Countries
Author: Jeroen van Wijk
Publisher: DIANE Publishing
Total Pages: 131
Release: 1998-06
Genre: Intellectual property
ISBN: 0788170716

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The proceedings of a seminar on the impact of plant breeders' rights in developing countries. Includes: the results of a study on plant breeders' rights in five Latin American countries; update of a 1983 study on plant breeders' rights in the U.S.; testing distinctness, uniformity & stability for plant variety protection; farmers' privilege, breeders' exemption & the essentially derived varieties concept; licensing of protected plant varieties -- international practice; possible effects of recent developments in plant-related intellectual property protection in Europe & the U.S.; & intellectual property rights & agriculture -- strategies & policies for developing countries.


The Breeder's Exception to Patent Rights

The Breeder's Exception to Patent Rights
Author: Viola Prifti
Publisher: Springer
Total Pages: 176
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.


Intellectual Property Rights in Agricultural Biotechnology

Intellectual Property Rights in Agricultural Biotechnology
Author: Frederic H. Erbisch
Publisher: CABI
Total Pages: 332
Release: 2004
Genre: Technology & Engineering
ISBN: 9780851997391

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During the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in research programmes. This book (first edition in 1998) is now fully revised and updated, with five completely new chapters. It presents definitive information on intellectual property law in a simplified form.


Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
Total Pages: 872
Release: 2016-04-24
Genre: Law
ISBN: 9041192654

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In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.


People, Plants, and Patents

People, Plants, and Patents
Author: Crucible Group
Publisher: IDRC
Total Pages: 142
Release: 1994
Genre: Biodiversity
ISBN: 0889367256

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People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society


The Role of Intellectual Property Rights in Agriculture and Allied Sciences

The Role of Intellectual Property Rights in Agriculture and Allied Sciences
Author: Chandan Roy
Publisher: CRC Press
Total Pages: 212
Release: 2018-07-17
Genre: Science
ISBN: 1351125265

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This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.