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European Plant Intellectual Property

By: Margaret Llewelyn, Mike Adcock
Media of European Plant Intellectual Property
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Published: 07-08-2006
Format: Hardback
Edition: 1st
Extent: 578
ISBN: 9781841133225
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £200.00

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Loren Epson

About European Plant Intellectual Property

This authoritative new work analyses European plant intellectual property rights. Whilst the focus of the work is on Europe, and in particular the European Patent Convention, the Council Regulation on Community Plant Variety Rights and the EU Directive on the Legal Protection of Biotechnological Inventions, these provisions are discussed within the context of international legislation, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the Convention on Biological Diversity. It is the first book to look at the impact of plant intellectual property rights on the European plant breeding industry and assess whether recent developments, such as the Novartis decision, will assist plant breeders, from all sectors of plant breeding activities, in the production of new plant products. In addition to a thorough discussion of the legislation, the book includes unique empirical research results obtained by the authors as part of a two-year research project funded by the European Union, which surveyed attitudes towards, and use of, plant intellectual property rights within the European plant breeding community.

Table Of Contents

Chapter 1: Defining the Territory
Chapter 2: Plant Protection Rights: International Influences
Chapter 3: The Emergence of European Plant Protection: The Route to UPOV
Chapter 4: The Council Regulation on Community Plant Variety Rights
Chapter 5: The European Patent Convention-General Practice
Chapter 6: The European Convention-the Article 53(b) Exclusions and Post-grant Issues
Chapter 7: The European Directive on the Legal Protection of Biotechnological Inventions
Chapter 8: The Views of European Plant Breeders
Chapter 9: Common Ground?
Chapter 10: European Plant Intellectual Property: Some Concluding Thoughts


“...a treasure trove of information, and is also valuable in that it covers more than a mere description of the law and how it is interpreted in case law...the book can be recommended for everyone who wants to come to grips with the intricate issues pertaining to intellectual property right protection for plants and plant varieties. It is the result of thorough research, and the book is well a reference work in the field, it is worth having on your bookshelf.” –  Sven J.R. Bostyn, The Common Market Law Review, Volume 44, Issue 5

“...extremely thorough, and,...provides a far-reaching and understandable overview of European plant intellectual property rights through both legislation and case law...the authors should be congratulated on having written the definitive overview of a specialised and not well recognized known of intellectual property law.” –  Colm Brannigan, SCRIPT-ed, Volume 4, Issue 3

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