The Breeder's Exception To Patent Rights: Analysis Of Compliance With Article 30 Of The Trips Agreement (international Law And Economics)
by Viola Prifti /
2015 / English / PDF
2 MB Download
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.
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.