ISHS Acta Horticulturae 524: XXV International Horticultural Congress, Part 14: Horticultural Economics at Micro and Macro Level, International Trade and Marketing, International Cooperative Programs, Relations between Research, Development, Extension and Education
INTERNATIONAL TRENDS IN PLANT PATENTS AND PLANT BREEDER'S RIGHTS |
| Authors: | J.J. Ruiz, M. Holtmann, F. Nuez |
| Keywords: | biotechnological inventions, breeder's right, plant patents, Trips agreement, UPOV |
| 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. | |
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