Intellectual Property Law And Plant Protection

Author : Kamalesh Adhikari,David J. Jefferson
Publisher : Routledge
Page : 184 pages
File Size : 51,5 Mb
Release : 2019-09-17
Category : Law
ISBN : 9780429602078

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Intellectual Property Law and Plant Protection by Kamalesh Adhikari,David J. Jefferson Pdf

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.

Author : Laurence R. Helfer,Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 120 pages
File Size : 46,6 Mb
Release : 2004
Category : Law
ISBN : 9251052220

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Intellectual Property Rights in Plant Varieties by Laurence R. Helfer,Food and Agriculture Organization of the United Nations Pdf

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.

Author : Graham Dutfield
Publisher : Earthscan
Page : 240 pages
File Size : 54,6 Mb
Release : 2000
Category : Law
ISBN : 9781849776233

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Intellectual Property Rights, Trade and Biodiversity by Graham Dutfield Pdf

This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.

Author : Crucible Group,International Development Research Centre (Canada)
Publisher : IDRC
Page : 142 pages
File Size : 40,7 Mb
Release : 1994
Category : Biodiversity
ISBN : 9780889367258

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People, Plants, and Patents by Crucible Group,International Development Research Centre (Canada) Pdf

People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society

Author : Jeroen van Wijk
Publisher : DIANE Publishing
Page : 131 pages
File Size : 51,7 Mb
Release : 1998-06
Category : Intellectual property
ISBN : 9780788170713

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Intellectual Property Rights and Agriculture in Developing Countries by Jeroen van Wijk Pdf

The proceedings of a seminar on the impact of plant breeders' rights in developing countries. Includes: the results of a study on plant breeders' rights in five Latin American countries; update of a 1983 study on plant breeders' rights in the U.S.; testing distinctness, uniformity & stability for plant variety protection; farmers' privilege, breeders' exemption & the essentially derived varieties concept; licensing of protected plant varieties -- international practice; possible effects of recent developments in plant-related intellectual property protection in Europe & the U.S.; & intellectual property rights & agriculture -- strategies & policies for developing countries.

Author : Michael Andreas Kock
Publisher : Springer Nature
Page : 382 pages
File Size : 55,8 Mb
Release : 2022-08-12
Category : Law
ISBN : 9783031062971

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Intellectual Property Protection for Plant Related Innovation by Michael Andreas Kock Pdf

The book reviews the history, present, and likely future of intellectual property for plant-related inventions. It describes “what works” and “what does not work” in the current situation and analyzes whether the current intellectual property framework will be able to cope with the rise of genome editing/new breeding technologies (especially CRISPR Cas). Based on trend data, the analysis shows that the current system, including stakeholder initiatives, will most likely not be able to adapt to the technology change. It then evaluates different options for legislators to respond and proposes in detail a new holistic IP system which merges elements of the patent and the plant variety protection system into one new system.

Author : Frederic H. Erbisch,Karim M. Maredia
Publisher : CABI
Page : 332 pages
File Size : 47,5 Mb
Release : 2004
Category : Technology & Engineering
ISBN : 0851997392

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Intellectual Property Rights in Agricultural Biotechnology by Frederic H. Erbisch,Karim M. Maredia Pdf

During the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in research programmes. This book (first edition in 1998) is now fully revised and updated, with five completely new chapters. It presents definitive information on intellectual property law in a simplified form.

Author : Mistrale Goudreau
Publisher : Kluwer Law International B.V.
Page : 231 pages
File Size : 51,8 Mb
Release : 2023-04-20
Category : Law
ISBN : 9789403547367

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Intellectual Property Law in Canada by Mistrale Goudreau Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Canada. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author : Gert Würtenberger,P. A. C. E. van der Kooij,Martin Ekvad,Bart Kiewiet
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 47,7 Mb
Release : 2015
Category : Law
ISBN : 0198732783

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European Union Plant Variety Protection by Gert Würtenberger,P. A. C. E. van der Kooij,Martin Ekvad,Bart Kiewiet Pdf

Présentation de l'éditeur : "This book is an invaluable and practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94 and how it enables European breeders to protect new varieties of plants 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, Community 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 Community-wide protection has grown, the volume of cases brought before the General Court (GC) and the Court of Justice of the European Union (CJEU), as well as scholarship in this area, has grown rapidly. This new edition has been fully revised and updated with all recent jurisprudence, including case law concerning the demarcation of patents and plant variety rights, function of guidelines, termination of scope of protection of protected plant variety rights in infringement proceedings including the role of the plant variety description, function of guidelines, international competence of courts dealing with CPVR infringement issues. This is the most up-to-date and authoritative guide to the world's largest system for plant variety protection, and an essential resource for practitioners in this field."

Author : N. J. Byrne
Publisher : Unknown
Page : 179 pages
File Size : 48,7 Mb
Release : 1989
Category : Biotechnology
ISBN : OCLC:221637123

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The Scope of Intellectual Property Protection for Plants and Other Life Forms by N. J. Byrne Pdf

Author : Dan Leskien,Michael Flitner
Publisher : Bioversity International
Page : 84 pages
File Size : 45,5 Mb
Release : 1997
Category : Germplasm resources, Plant
ISBN : 9789290433293

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Intellectual Property Rights and Plant Genetic Resources by Dan Leskien,Michael Flitner Pdf

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 52,9 Mb
Release : 2021-02-19
Category : Law
ISBN : 9789403519814

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Intellectual Property Law in China by Christopher Heath Pdf

Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.

Author : Charles Lawson,Jay Sanderson
Publisher : Routledge
Page : 276 pages
File Size : 50,7 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317027379

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The Intellectual Property and Food Project by Charles Lawson,Jay Sanderson Pdf

The relationship between intellectual property and food affects the production and availability of food by regulating dealings in products, processes, innovations, information and data. With increasingly intricate relations between international and domestic law, as well as practices and conventions, intellectual property and food interact in many different ways. This volume is a timely consideration and assessment of some of the more contentious and complex issues found in this relationship, such as genetic technology, public research and food security, socio-economic factors and the root cause of poverty and patent-busting. The contributions are from leading scholars in this emerging field and each chapter foregrounds some of the key developments in the area, exploring historical, doctrinal and theoretical issues in the field while at the same time developing new ideas and perspectives around intellectual property and food. The collection will be a useful resource in leading further discussion and debate about intellectual property law and food.

Author : Viola Prifti
Publisher : Springer
Page : 176 pages
File Size : 46,6 Mb
Release : 2015-06-02
Category : Law
ISBN : 9783319157719

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The Breeder's Exception to Patent Rights by Viola Prifti Pdf

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.

Author : Elizabeth Verkey
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2007
Category : Germplasm resources, Plant
ISBN : 8170129621

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Law of Plant Varieties Protection by Elizabeth Verkey Pdf