The Breeder's Exception to Patent Rights Analysis of Compliance with
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 biologic
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Viola Prifti
The Breeder's Exception to Patent Rights Analysis of Compliance with Article 30 of the TRIPS Agreement
International Law and Economics
Series Editors Stefan Voigt, Germany Anne van Aaken, Switzerland Andrew T. Guzman, USA Stefan Oeter, Germany Joel P. Trachtman, USA Naigen Zhang, China
More information about this series at http://www.springer.com/series/13428
Viola Prifti
The Breeder’s Exception to Patent Rights Analysis of Compliance with Article 30 of the TRIPS Agreement
Viola Prifti Max Planck Institute for Innovation and Competition Munich Germany
ISSN 2364-1851 ISSN 2364-186X (electronic) International Law and Economics ISBN 978-3-319-15770-2 ISBN 978-3-319-15771-9 (eBook) DOI 10.1007/978-3-319-15771-9 Library of Congress Control Number: 2015940764 Springer Cham Heidelberg New York Dordrecht London © Springer International Publishing Switzerland 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
To my mother, Liliana. For instilling in me the love for knowledge
ThiS is a FM Blank Page
Foreword
The use of biotechnological tools and other techniques to improve crops has given rise to a significant increase in the patenting of plant components and plants. At the same time, the exclusionary rights conferred by patents have generated concerns about their implications for a sustainable agriculture and food security. As a result of these trends, it becomes critical to examine the intersection between plant breeding and patent rights. This book makes an original and important contribution to this still relatively unexplored area of research. A few countries grant patent rights on plants as well as plant varieties as such. While most jurisdictions exclude plant varieties from patentable subject matter, they allow for the patent protection of genetic constructs, including in some cases isolated genes, used to m
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