The legal protection of new plant varieties in Algerian and American system

Abstract

AbstractThe importance of plants in almost all fields yields for a continuous international effort to determine the protection of innovations in plants, especially with the tendency of countries to make huge investments in this area. Though, most of the world's countries agreed to set‐up effective protection for new plant varieties, they differ over the type and nature of proper legal protection. This discrepancy in international positions on legal protection frameworks leads the researchers to investigate the most appropriate legal adaptations of innovative new plant varieties; are they inventions or an independent intellectual property right? And what are the suitable ways to protect it? Thereby, a comparative analysis of the national texts with some foreign legislation has been conducted. The study structure is twofold. The first section dealt with the legal protection of plant varieties within an independent legal system: a study in the Algerian law, while the second one presented the possibility of protecting a new plant variety under a patent: a study in the American legislation. The results showed that the adoption of a patent protection system is of great importance. It is, thus, preferable for the legislator to approve the dual protection of new plant varieties.