1-3 of 3 Results

  • Keyword: plant varieties x
Clear all

Chapter

Cover Intellectual Property Law

24. Rights Related to Patents  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter is concerned with two areas of law that are related to, but not traditionally part of, patent law: the system of plant variety that gives protection to the breeders of new plant varieties, and supplementary protection certificates that extend the length of patent protection in the UK and are meant to compensate owners for time lost while awaiting regulatory approval to market their patented products. The procedure to be followed when applying for plant variety rights is also discussed, along with issues of ownership, duration, and patent infringement. The chapter concludes by considering exceptions and compulsory licences relating to the plant variety system.

Chapter

Cover European Intellectual Property Law

9. Plant Variety Rights and Supplementary Protection Certificates  

Justine Pila and Paul L.C. Torremans

This chapter completes the discussion of European patent and related rights by examining the European systems governing the grant of plant variety rights (PVRs) and supplementary protection certificates (SPCs) respectively. Plant variety rights are sui generis rights conferred on application to breeders of certain strains of plant material. In Europe there exist national and Community PVR systems, all of which confer exclusive rights to prevent the commercial exploitation of previously non-commercialized varieties for a limited period within the territory of the relevant state and EU respectively. The SPC system governs the grant of domestic rights conferring follow-on protection for patented medicinal and plant protection products the commercialization of which has been delayed by the need to satisfy regulatory approval requirements.

Chapter

Cover Intellectual Property Law

17. Patentable Subject Matter  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with patentable subject matter and the ways in which it is regulated under the Patents Act 1977 and the 2000 European Patents Convention (EPC). More specifically, it discusses five criteria that an invention must satisfy to be patentable, including the requirement that it must be capable of ‘industrial application’, and that patents are not granted for immoral inventions. The chapter also considers two different approaches that are used when deciding whether an invention falls within the scope of section 1(2)/Article 52(2): the ‘technical contribution’ approach in the UK and the ‘any hardware’ approach applied by the European Patent Office. The chapter also examines in detail the exclusions from protection of methods of treatment, of certain biological subject matter (including plant and animal varieties), and of inventions which are immoral or against public policy. Finally, it examines how the law deals with a number of specific types of invention and looks at possible reforms, particularly in relation to computer programs and computer-related inventions.