Authors:
- First legal and economic analysis of the breeder's exception to patent rights
- Analyzes TRIPS provisions and supports TRIPS-compliant legislation on plant-related patents
- Offers guidance for judicial decisions on exceptions to patent rights
- Introduces key concepts in intellectual protection of plant-related material, such as the distinction between plants and plant varieties
- Includes supplementary material: sn.pub/extras
Part of the book series: International Law and Economics (ILEC)
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Table of contents (7 chapters)
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Front Matter
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Back Matter
About this book
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.
Authors and Affiliations
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Max Planck Institute for Innovation and Competition, Munich, Germany
Viola Prifti
Bibliographic Information
Book Title: The Breeder's Exception to Patent Rights
Book Subtitle: Analysis of Compliance with Article 30 of the TRIPS Agreement
Authors: Viola Prifti
Series Title: International Law and Economics
DOI: https://doi.org/10.1007/978-3-319-15771-9
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-15770-2Published: 24 June 2015
Softcover ISBN: 978-3-319-36754-5Published: 09 October 2016
eBook ISBN: 978-3-319-15771-9Published: 02 June 2015
Series ISSN: 2364-1851
Series E-ISSN: 2364-186X
Edition Number: 1
Number of Pages: XXIV, 176
Number of Illustrations: 4 b/w illustrations
Topics: IT Law, Media Law, Intellectual Property, Business Law, Plant Ecology, Private International Law, International & Foreign Law, Comparative Law , Economic Theory/Quantitative Economics/Mathematical Methods
Industry Sectors: Consumer Packaged Goods, Finance, Business & Banking