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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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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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ISBN13: 9783319157702
Published: July 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £72.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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Intellectual Property Law
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.