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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.