The Breeder's Exception to Patent Rights: Analysis of Compliance with Article 30 of the Trips Agreement - Intellectual Property / Patent / Copyright - Law | Professional Bookshop

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The Breeder's Exception to Patent Rights: Analysis of Compliance with Article 30 of the Trips Agreement

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This book is the first to analyze the compliance of different modalities of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This type of exception allows using patented biological matter for breeding new varieties of plants. Although the breeder's exception is widely accepted under plant variety legislation, it is not common under patent laws despite the fact that patent rights often cover plant varieties in many jurisdictions.

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 an important guide for those countries that need to incorporate a breeder's exception under national patent legislation.

Chapter 1: Setting the background

Chapter 2: The industry of plant breeding

Chapter 3: Intellectual Property in plant breeding

Chapter 4: Conceptualizing the breeding exception to patent rights: a legal and economic appraisal

Chapter 5: The breeding exception to patent rights: analysis of compliance with article 30 of the TRIPS Agreement

Chapter 6: Overview.

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