Abstract
This chapter conceptualizes the breeder’s exception to patent rights within the broader category of exceptions to patent rights. It starts with a legal and economic analysis of research exceptions and further elaborates on the concept of a breeder’s exception to patent rights. This concept is based on an examination of the rationale of research exceptions in various common and civil law countries. In addition to legal justifications and classical economic arguments on the incentive to innovate, the chapter investigates possible anticommons effects of patent rights in plant breeding and purports the breeding exception as a legal remedy to the fragmentation of proprietary rights in the breeding phase.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
