Intellectual Property Law and Plant Protection

Intellectual Property Law and Plant Protection

Author: Kamalesh Adhikari

Publisher: Routledge

Published: 2019-09-17

Total Pages: 176

ISBN-13: 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 in Plant Varieties

Intellectual Property Rights in Plant Varieties

Author: Laurence R. Helfer

Publisher: Food & Agriculture Org.

Published: 2004

Total Pages: 120

ISBN-13: 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.


European Union Plant Variety Protection

European Union Plant Variety Protection

Author: Gert Würtenberger

Publisher:

Published: 2021

Total Pages:

ISBN-13: 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.


The Breeder's Exception to Patent Rights

The Breeder's Exception to Patent Rights

Author: Viola Prifti

Publisher: Springer

Published: 2015-06-02

Total Pages: 195

ISBN-13: 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.


Promoting Sustainable Innovations in Plant Varieties

Promoting Sustainable Innovations in Plant Varieties

Author: Mrinalini Kochupillai

Publisher: Springer

Published: 2016-07-28

Total Pages: 350

ISBN-13: 3662527960

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This book develops the term ‘Sustainable Innovations’ and defines it on the basis of plant variety innovations that, by their very nature, (i) permit the in situ conservation of agrobiodiversity and genetic variability in diverse geographic and climatic conditions, (ii) do not exclude any potential innovators from the process of innovation, and thereby (iii) ensure that both formal and informal innovations can continue to take place in the generations to come (in both the developed and developing world). The book studies the Indian Plant Variety Protection Act, the UPOV Acts and associated agricultural policies from a legal, philosophical, historical and economic perspective with the aim of determining the means of promoting sustainable innovations in plant varieties and identifying laws, policies and practices that are currently acting as impediments to promoting the same.


Plants, People and Practices

Plants, People and Practices

Author: Jay Sanderson

Publisher: Cambridge University Press

Published: 2017-05-18

Total Pages: 357

ISBN-13: 1108158366

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The International Union for the Protection of New Varieties of Plants (UPOV) and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon the idea that it has an open-ended and contingent relationship with scientific, legal, technical, political, social and institutional actors, the author explores the Convention's history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s and its expanding legitimacy in relation to plant variety protection. Part II explores the Convention's key concepts and practices, including plant breeder, plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed (FSS). This book is an invaluable resource for academics, policy makers, agricultural managers and researchers in this field.


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

Published: 2018-06

Total Pages: 44

ISBN-13: 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


Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge

Author: Anindya Bhukta

Publisher: Emerald Group Publishing

Published: 2020-06-18

Total Pages: 193

ISBN-13: 1800430639

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Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.


The Functional Field of Food Law

The Functional Field of Food Law

Author: Altinay Urazbaeva

Publisher: Brill Wageningen Academic

Published: 2019

Total Pages: 0

ISBN-13: 9789086863341

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Two worlds that in academia remain largely separated are brought together in this book in a unique way; the world of food safety law and the world of the right to food. Key features include: (1) an up to date reflection of the status quo on food law related research written by those who are at the forefront of research in the functional field of food law; (2) a collection of contributions from all continents of the world; and (3) covering human rights, international law, European law and non-European law dimensions. This book is written as a Liber Amicorum in honour of Professor Bernd van der Meulen, who was the Chair of Law and Governance at Wageningen University (2001-2018), and established food law as an academic discipline in the Netherlands. In 29 contributions the functional field of food law is discussed. The contributors are researchers and academics from around the globe, and are above all friends who have worked with Bernd during his time at Wageningen University. In this book, they share their latest insights, research and thoughts on this fascinating and highly relevant field.