Abstract
Within biotechnology, plant production is regarded as one of the most promising adaptations. New plant breeding methods are considered to better fulfil the requirements set on patentability than the traditional breeding methods. In Europe, a plant variety can be protected by special legislation. The present patent laws in Europe are not applied to plant biotechnological inventions. The United States has three systems under which new varieties of plants may be protected. These include The 1930 Plant Patent Act, The 1970 Plant Variety Protection Act and The 1952 Patent Statute. Companies that have specialized in plant breeding and organizations representing the industrial countries recommend improvements to the legal protection. On the other hand, farmers and the developing countries are against better protection.
Highlights
Within biotechnology, plant production is regarded as one of the most promising adaptations
Several types of biotechnological breeding methods are used in plant breeding
The purpose of this study is to review the current legal state of the plant breeder’s rights and patent legislation in Western Europe and in the United States
Summary
Plant production is regarded as one of the most promising adaptations. Several types of biotechnological breeding methods are used in plant breeding. These new methods are considered to fulfil better the requirements set on patentability than the traditional breeding methods. Against this background, extension of the patent protection to cover new plant varieties has become a topic of current interest. The purpose of this study is to review the current legal state of the plant breeder’s rights and patent legislation in Western Europe and in the United States. The first part of the study examines international agreements and national patent laws, the second part the need to further develop the legal rights from the viewpoints of different interest groups. The study is a review of literature collected from databanks (Dialog and Dimdi), international agreements and other juridical publications
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