Conceptualizing the Breeding Exception to Patent Rights: A Legal and Economic Appraisal

Viola Prifti
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Viola Prifti: Max Planck Institute for Innovation and Competition

Chapter Chapter 5 in The Breeder's Exception to Patent Rights, 2015, pp 79-107 from Springer

Abstract: Abstract This chapter conceptualizes the breeder’s exception to patent rights within the broader category of exceptions to patent rights. It starts with a legal and economic analysis of research exceptions and further elaborates on the concept of a breeder’s exception to patent rights. This concept is based on an examination of the rationale of research exceptions in various common and civil law countries. In addition to legal justifications and classical economic arguments on the incentive to innovate, the chapter investigates possible anticommons effects of patent rights in plant breeding and purports the breeding exception as a legal remedy to the fragmentation of proprietary rights in the breeding phase.

Keywords: Commercial Purpose; Patented Invention; Compulsory License; Patent Holder; Patent Infringement (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:spr:intchp:978-3-319-15771-9_5

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DOI: 10.1007/978-3-319-15771-9_5

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