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Article 27(3)(b) TRIPS and plant variety protection in developing countries

Antons, Christoph 2016, Article 27(3)(b) TRIPS and plant variety protection in developing countries. In Ullrich, Hanns, Hilty, Reto, Lamping, Matthias and Drexl, Josef (ed), TRIPS plus 20: from trade rules to market principles, Springer, Berlin, Germany, pp.389-414, doi: 10.1007/978-3-662-48107-3.

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Title Article 27(3)(b) TRIPS and plant variety protection in developing countries
Author(s) Antons, Christoph
Title of book TRIPS plus 20: from trade rules to market principles
Editor(s) Ullrich, Hanns
Hilty, Reto
Lamping, Matthias
Drexl, Josef
Publication date 2016
Series MPI studies on intellectual property and competition law
Chapter number 12
Total chapters 24
Start page 389
End page 414
Total pages 25
Publisher Springer
Place of Publication Berlin, Germany
Keyword(s) TRIPS
developing countries
intellectual property
plant variety protection
Summary In comparison with industrialised countries, agriculture in developing countries accounts for a substantial share of GDP and involves a substantial sector of small-holders and traditional agriculturalists. In view of these differences, the biotechnology clause of Article 27.3.b TRIPS with its requirement of plant variety protection either by patents or an effective sui generis system or a combination of the two has been controversial. However, developing countries have made surprisingly little use of the freedom to design their own systems in this field. Instead, there has been a surge in UPOV membership among developing countries and some have gone as far as introducing patent protection for plant varieties. Such countries now have to consider the same exclusions and exceptions to patenting that are normally discussed in countries with much more advanced biotechnology industries. The chapter examines the scope for the use of orde public considerations under Article 27.2 TRIPS, of exclusions for research and experimental purposes under Article 30 TRIPS, compulsory licensing under Article 31 TRIPS as well as the advantages of a specific breeding exemption and it briefly comments on the various sui generis options. While liberal interpretations of the TRIPS exceptions remain possible, the chapter concludes that the majority of developing countries will be better off in more creatively using the freedom to develop sui generis systems suitable for their local conditions rather than struggling to introduce TRIPS conform ‘limited exceptions’ to patent protection for plant varieties.
ISBN 9783662481066
9783662481073
ISSN 2191-5822
2191-5830
Language eng
DOI 10.1007/978-3-662-48107-3
Field of Research 180116 International Law (excl International Trade Law)
Socio Economic Objective 949999 Law
HERDC Research category BN Other book chapter, or book chapter not attributed to Deakin
Copyright notice ©2016, Springer
Persistent URL http://hdl.handle.net/10536/DRO/DU:30084140

Document type: Book Chapter
Collection: Law
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