Articles
INTERNATIONAL TRENDS IN PLANT PATENTS AND PLANT BREEDER’S RIGHTS
Article number
524_5
Pages
49 – 56
Language
Abstract
We describe historical reasons that have lead to the current legal options for the protection of plant innovations (both biotechnological and "traditional" breeding inventions): the Plant Variety Right and the Invention Patent.
We have briefly summarized the standpoint of several multilateral international rules approaching this issue: the TRIPS Agreement concluded in the context of the World Trade Organization, which deals with all kinds of protection of industrial-intellectual property, the 1973 Munich Convention on the European Patent, the 1991 UPOV Convention, and the Council Regulation (EC) 2100/94 on Community Plant Variety Rights.
Finally, we study the current legal trends intended to unify plant protection criteria: The 1991 Act of the UPOV Convention and the Proposal for a Community Directive on the Legal Protection of Biotechnological Inventions.
We have briefly summarized the standpoint of several multilateral international rules approaching this issue: the TRIPS Agreement concluded in the context of the World Trade Organization, which deals with all kinds of protection of industrial-intellectual property, the 1973 Munich Convention on the European Patent, the 1991 UPOV Convention, and the Council Regulation (EC) 2100/94 on Community Plant Variety Rights.
Finally, we study the current legal trends intended to unify plant protection criteria: The 1991 Act of the UPOV Convention and the Proposal for a Community Directive on the Legal Protection of Biotechnological Inventions.
Authors
J.J. Ruiz, M. Holtmann, F. Nuez
Keywords
biotechnological inventions, breeder’s right, plant patents, Trips agreement, UPOV
Online Articles (34)