European Plant Intellectual Property

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This authoritative new work analyzes European plant intellectual property rights. While the focus of the work is on Europe—and in particular the European Patent Convention, Community Regulation on 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. This is the first book to look at the impact of plant intellectual property rights on the European plant breeding industry, and it assesses 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.

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(A) LLew&Adcock Prelims 18/7/06 09:59 Page i E UROPEAN P LANT I NTELLECTUAL P ROPERTY 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, 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. (A) LLew&Adcock Prelims 18/7/06 09:59 Page ii (A) LLew&Adcock Prelims 18/7/06 09:59 Page iii European Plant Intellectual Property Margaret Llewelyn & Mike Adcock OXFORD AND PORTLAND, OREGON 2006 (A) LLew&Adcock Prelims 18/7/06 09:59 Page iv Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 920 NE 58th Avenue, Suite 300 Portland, OR 97213–3786 USA Tel: +1 503 287 3093 or toll-free: (1) 800 944 6190 Fax: +1 503 280 8832 Email: [email protected] Website: www.isbs.com © Margaret Llewelyn and Mike Adcock 2006 Margaret Llewelyn and Mike Adcock have asserted their rights under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any mean, without the prior permission of Hart Publishing, or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. Enquiries concerning reproduction which may not be covered by the above should be addressed to Hart Publishing at the address below. Hart Publishing, 16C Worces