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.
This is an article-by-article commentary on European Council Regulation No 2100/94 on Plant Variety Protection which came into force in April 1995. The text should provide breeders, growers, farmers and business lawyers with the relevant definitions and terms, and references to other Articles.
In this book we bring together the most up-to-date information on developments, both basic and applied, that already have or are expected to impact the field of ornamental breeding. These include classical and molecular techniques, traditional and high-throughput approaches and future trends. Since not only professional scientists, but also thousands of future scientists/students as well as amateur breeders around the world contribute heavily to the field of ornamental breeding, an introductory section dealing with the basics of molecular and classical genetics and the evolution of floral diversity is included. This should enable the reader to bridge the gap between traditional and molecular genetics. Classical approaches to the creation/selection of genetic variability, including mutation and tissue culture-aided breeding, are presented. Processes affecting ornamental and agronomic traits at the molecular level are delineated, along with an in-depth analysis of developments in the protection of intellectual property rights. The thoughts and strategies of molecular and classical geneticists, which are not always complementary or even compatible, are presented side by side in this book, and will serve to spark the imaginations of breeders as well as students entering the exciting world of state-of-the-art ornamentals.
Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.
A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.
The International Treaty on Plant Genetic Resources for Food and Agriculture is a pivotal piece of recent legislation, providing a route map for the use of such resources for sustainable agriculture and food security. This book explains clearly the different interests and views at stake between all players in the global food chain. Published with the Food and Agriculture Organization (FAO) of the United Nations and Bioversity International.
The advent of modern biotechnology has seen the proliferation of the use of life forms for the creation of products. In tandem with this development, patent over life forms have grown proportionately as the biotechnology industry seeks to protect its investment. This has spawned a debate about the propriety of patenting life forms. This book explores the issues surrounding such patenting. There is a need to identify the reasons for the growth of such patenting, the issues raised, the concerns dealing with such patenting and the way in which countries, especially leading patent countries have sought to resolve the competing views.
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