Intellectual Property Protection for Plant Related Innovation: Fit for Future?

Intellectual Property / Patent / Copyright

Intellectual Property Protection for Plant Related Innovation: Fit for Future?

By Michael Andreas Kock
Springer International September 2022

Specifications

ISBN-13
9783031062964
Publisher
Springer International
Publication
September 2022
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

I. Introduction: Plant Innovations
Plant Breeding and Intellectual Property - A Controversial Topic

II. The Current Legal Framework for IP on Plant Innovations (Lex lata)
Overview: Intellectual Property for Plant Innovations
The Sui Generis System of Plant Breeders Rights
The Patent System for Plant Related Inventions
Legislation related to (Plant) Genetic Resources
Alternative IP Systems for Plant Innovations
Analysis of the Status quo: Current Benefits of IPRs for Plants
Analysis of the Status quo: Current Issues in Plant Breeders Rights
Analysis of the Status quo: Current Issues in Patents on Plants
Other Issues
Issues Summary & Conclusion
Current Solutions for Issues in Plant IPR Systems

III. The Need for Legislative Change and Related Options (Lex ferenda)
Emerging Challenges
Potential Solutions for Future Challenges
Option 1: Do Nothing... and Rely on Market Forces
Option 2: Legislative Adjustments to the Patents and PBR System
Option 3: Abandoning Patents
Option 4: Redesigning the IP Systems
A New Holistic System for Plant Innovations - UPOV 2030
Assessment of the Different Options under the Different Scenarios for the Future

IV. Summary & Conclusions
A Changing World for Plant Intellectual Property
Responding to Change: An Open, Holistic IP System for Plant Innovation
Way Forward: Towards Implementation of the Holistic IP System
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