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.
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.
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 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.
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.
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.
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
The International Centre for Advanced Mediterranean Agronomic Studies (CIHEAM), established in 1962, is an intergovernmental organization of four teen countries: Albania, Algeria, Egypt, France, Greece, Italy, Lebanon, Malta, Morocco, Portugal, Spain, Tunisia, Turkey and Yugoslavia. Four institutes (Bari, Italy; Chania, Greece; Montpellier, France and Zaragoza, Spain) provide post-graduate education at the Master of Science level. CIHEAM promotes research networks on Mediterranean agricultural priorities, supports the organization of specialized education in member countries, holds seminars and workshops bringing together technologists and scientists involved in Mediterranean agriculture and regularly produces diverse publications including the series 'Options Mediterraneennes'. Through these activities, CIHEAM promotes North/South dialogue and international co-operation for agricultural development in the Mediterranean region. Plant breeding is, since 1982, one of the fields in which CIHEAM is con ducting a programme of training and promotion of research, through its Mediterranean Agronomic Institute of Zaragoza. The programme includes a one-year advanced specialization course, a series of two-week courses for professionals, and support for collaborative research activities in Mediterranean-relevant species. Many of these activities are organized in col laboration with national and international institutions. The publication in 1993 of Plant Breeding. Principles and Prospects, which ini tiated the Chapman & Hall's Plant Breeding Series, has become an important feature of CIHEAM's plant breeding programme. We are now pleased to add a further volume to that series: the present book, Statistical Methods for Plant Variety Evaluation.
Horticultural Plant Breeding is a complete and comprehensive resource for the development of new cultivars or clones of horticultural crops. It covers the basic theories that underpin plant breeding and applies Mendelian, quantitative and population inheritance practices in smaller populations where the individual plant has high value. Specific traditional breeding methods are also covered, with an emphasis on how these methods are adapted for horticultural species. In addition, the integration of biotechnologies with traditional breeding methodologies is explored, with an emphasis on specific applications for fruits, vegetables and ornamental crop species. Presented in focused sections, Horticultural Plant Breeding addresses historical perspectives and context, and genetics as a critical foundation of plant breeding. It highlights treatments of the various components of breeding programs, such as breeding objectives, germplasm, population engineering, mating systems, enhanced selection methods, established breeding methods applicable to inbreeding and outcrossing situations, and post-breeding activities. - Provides a complete and comprehensive resource for those involved in the development of new cultivars or clones of horticultural crops - Guides readers to the most appropriate breeding strategy including potential integration of traditional and biotechnology strategies that will best achieve a cost-effective outcome - Will include access to 20 narrated slide sets to facilitate additional understanding