The Breeding Exception to Patent Rights: Analysis of Compliance with Article 30 of the TRIPS Agreement

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

Chapter Chapter 6 in The Breeder's Exception to Patent Rights, 2015, pp 109-149 from Springer

Abstract: Abstract This chapter analyzes the compliance of both a narrow and a broad version of the breeder’s exception to patent rights with article 30 of the TRIPS Agreement. The interpretation of the vague rule contained in this article mainly relies on the panels’ decision in the EC-Canada pharmaceuticals case, but the analysis goes beyond the panel’s opinion. It enriches the understanding of article 30 through a review of legal and economic studies on the incentive to innovate and elaborates a reasonableness test in relation to a possible conflict with the interests of the patent owner. It also introduces human rights concerns on food security issues and finds a linkage between the breeding exception, food security, and countries’ obligations under the International Treaty on Plant Genetic Resources for Food and Agricultural. These considerations combined with an infield research with stakeholders in plant breeding offer a method for an accurate assessment of the compliance test in article 30.

Keywords: Patent Protection; Legitimate Interest; Trips Agreement; Patent Holder; Patent Owner (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_6

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DOI: 10.1007/978-3-319-15771-9_6

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