The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.

This book is the first to provide a detailed and critical account of the emergence, development, and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore the concerns of diverse national stakeholders, the histories and dynamics of law-making, and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the ‘unused policy space’ in international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of New Varieties of Plants, as well as international obligations beyond these, such as those contained in the Convention on Biological Diversity and the Plant Treaty. It also highlights the many ways in which Asian experiences can offer new insights into the relationship between intellectual property and plants, and how relevant laws might be re-imagined in other regions, including Africa, Europe, and the Americas. By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners, and policy-makers engaged in work surrounding intellectual property laws, agricultural biodiversity, and plant breeding.

The third edition of this authoritative guide to the European Community plant variety protection system combines comprehensive explanation of the system with practical guidance on obtaining and enforcing protection.

Crop plant varieties developed by local farmers, commonly referred to as ‘farmers' varieties’, are problematic because there are no fixed taxonomic or legal definitions of them. As a result, policies to increase the share of benefits farmers receive from the use of such varieties struggle to have an effect. Aiming to clarifying these issues, this volume explores the nature of farmers’ varieties in the context of their biological, social and legal significance. The book addresses the complexities of defining what farmers’ varieties are and how they differ from one another and from generic varieties. It then charts the evolution of the concept of ‘farmers’ rights’, from the dawn of ‘genetic resources’ as a subject worthy of international attention, to the first legal recognition of the concept, through to current efforts to develop national level policies and laws. Further, the book examines outstanding policy-making challenges linked to the absence of fixed taxonomic or legal definitions of farmers’ varieties. Case studies are included from Africa, Asia, Europe and South America in which farmers, researchers and policy advocates have been confronted with the issues raised in this book. Various solutions are considered based on revised or new definitions of farmers’ varieties that reflect the biological and cultural realities in which they are produced, and the relative costs and benefits of attempting to implement each of the policies discussed.

This book develops the term ‘Sustainable Innovations’ and defines it on the basis of plant variety innovations that, by their very nature, (i) permit the in situ conservation of agrobiodiversity and genetic variability in diverse geographic and climatic conditions, (ii) do not exclude any potential innovators from the process of innovation, and thereby (iii) ensure that both formal and informal innovations can continue to take place in the generations to come (in both the developed and developing world). The book studies the Indian Plant Variety Protection Act, the UPOV Acts and associated agricultural policies from a legal, philosophical, historical and economic perspective with the aim of determining the means of promoting sustainable innovations in plant varieties and identifying laws, policies and practices that are currently acting as impediments to promoting the same.