Abstract

The various forms of intellectual property rights are discussed and compared including utility patents, Plant Variety Protection Certificates, Breeder's Rights, and Plant Patents. Recent developments in Plant Variety Protection and Breeder's Rights are reviewed, including the recent court decision in Asgrow v. Winterboer. How an “essentially derived” variety will be defined in the new 1991 UPOV convention, and in member countries, including several examples will be discussed. Recent examples of issued utility patents will also be presented.

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