The Breeder's Exception to Patent Rights

The Breeder's Exception to Patent Rights

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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 breedera€™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.Accessed 9 Oct 2013. UPOV. (2002). General introduction to the ... Accessed 5 Aug 2013. US Patent Law of 19 July 1952, 35 U.S.C. AsAs 1 et seq. US Plant Patent Act of 17 ... law: An emerging paradigm or a fad? A TRIP Essay Competition, p. 2.

Title:The Breeder's Exception to Patent Rights
Author:Viola Prifti
Publisher:Springer - 2015-06-02


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