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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.


Law of Plant Varieties Protection

Law of Plant Varieties Protection
Author: Elizabeth Verkey
Publisher:
Total Pages: 0
Release: 2007
Genre: Germplasm resources, Plant
ISBN: 9788170129622

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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.


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.


European Union Plant Variety Protection

European Union Plant Variety Protection
Author: Gert Würtenberger
Publisher: Oxford University Press, USA
Total Pages: 288
Release: 2021-06-10
Genre: Law
ISBN: 9780192898234

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This book is an invaluable and practical guide to the European Union plant variety protection system under Council Regulation (EC) 2100/94 and how it enables breeders from all corners of the world to protect new varieties of plants in the European Union 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, European Union, 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 EU-wide protection has grown, the volume of cases, as well as scholarship in this area, has grown rapidly. This new edition covers all recent case law of the General Court, the CJEU, and the BoA of the CPVO, in particular with regard to the duty and extent of ex officio investigations and material conditions for grant of EU plant variety rights. It also considers the extent and impact of the 2016 changes in the proceedings regulation. This newly updated guide to the world's largest system for plant variety protection is an essential resource for practitioners in this field.


Plant Variety Protection Act and Regulations and Rules of Practice

Plant Variety Protection Act and Regulations and Rules of Practice
Author: Marsha A. Stanton
Publisher:
Total Pages: 44
Release: 1999-07
Genre:
ISBN: 9780788180989

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Report on the U.S. Plant Variety Protection Act and Plant Variety Protection Office. Chapters include: organization and publications; legal provisions as to the Plant Variety Protection Office; plant variety protection fees; protectability of plant varieties and certificates of protection; applications: form, who may file, relating back, confidentiality; examination, response time, initial appeals, appeal;s to courts and other review; plant variety protection and rights; and regulations and rules of practice.


Plant Variety Protection

Plant Variety Protection
Author: United States. Congress. House. Committee on Agriculture. Subcommittee on Departmental Operations
Publisher:
Total Pages: 128
Release: 1970
Genre: Plant breeding
ISBN:

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Farmers' Crop Varieties and Farmers' Rights

Farmers' Crop Varieties and Farmers' Rights
Author: Michael Halewood
Publisher: Routledge
Total Pages: 406
Release: 2016-03-21
Genre: Science
ISBN: 1136537538

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Over the last 50 years there has been a growing appreciation of the important role that farmers play in the development and conservation of crop genetic diversity, and the contribution of that diversity to agro-ecosystem resilience and food security. This book examines policies that aim to increase the share of benefits that farmers receive when others use the crop varieties that they have developed and managed, i.e., ‘farmers varieties’. In so doing, the book addresses two fundamental questions. The first question is ‘how do farmer management practices – along with other factors such as environment and the breeding systems of plants – affect the evolution and maintenance of discrete farmers’ varieties?’ The second question is ‘how can policies that depend on being able to identify discrete plant varieties accommodate the agricultural realities associated with the generation, use and maintenance of farmers’ varieties?’ This focus on discreteness is topical because there are no fixed, internationally recognized taxonomic or legal definitions of farmers’ varieties. And that presents a challenge when developing policies that involve making specific, discrete farmers’ varieties the subject of legal rights or privileges. The book includes contributions from a wide range of experts including agronomists, anthropologists, geneticists, biologists, plant breeders, lawyers, development practitioners, activists and farmers. It includes case studies from Asia, Africa, Latin America and Europe where, in response to a diversity of contributing factors, there have been efforts to develop policies that provide incentives or rewards to farmers as stewards of farmers’ varieties in ways that are sensitive to the cultural, taxonomic and legal complexities involved. The book situates these initiatives in the context of the evolving discourse and definition of ‘farmers' rights’, presenting insights for future policy initiatives.