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

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

Name: Intellectual Property Protection for Plant Related Innovation: Fit for Future?
Brand: Springer International
SKU: 9783031062964
Price: 1595.00 HKD
Availability: InStock
Author: Michael Andreas Kock
ISBN: 9783031062964

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.

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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Table of Contents

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