In India plant variety protection law is one of the nascent branches of intellectual property that has several facets. Being a legislation in its infancy the Courts in India did not have an occasion to interpret the provisions and so Indian case laws are different in this area of law. The attempt (in this book) at tracing the case laws in other jurisdictions will prove useful to the legal fraternity and student community.
This work has been written during a period in which there are considerable developments in the field of plant variety protection and at a time when there is a great dearth of books on the subject. The author has made successful attempts to examine the founding Treaties, Conventions and Legislations that have resulted in the presented harmonization effected by the TRIPS Agreement.
This book on ''Law of Plant Varieties Protection'' by Dr Elizabeth Verkey is an enabling instrument to tackle the great depths of plant variety protection laws and will be a guiding light to legal practitioners, academicians, plant breeders and scientists, and not to forget, the students of the subject.
Table Of Contents:
Table of Cases
CHAPTER I
INTRODUCTION
Importance of Plant Breeding
Need for Protection
Distinct features of Plant Kingdom
Patents versus Plant Variety Protection
Effects of Plant Variety Protection
CHAPTER II
PROTECTION IN EUROPE
European Patent Convention
Order Public or Morality
Plant Variety
Directive on the Legal Protection of Biotechnological
Inventions
Provisions of the Directive
Community Plant Variety Rights
Applying for Protection
Prerogatives of the Rights Holder
Infringement
Jurisdiction
CHAPTER III
LEGAL SYSTEM IN UNITED STATES
Plant Patent Act
Infringement of Plant Patent
Utility Patents for Plants
Enabling disclosure
Deposit of Biological Material
Plant Variety Protection Act
Infringement
Plant Patent Act versus Plant Variety Protection Act:
Differences
CHAPTER IV
PLANT VARIETIES PROTECTION AND FARMERS' RIGHTS IN INDIA
Tracing History
Varieties covered by protection
Essentially Derived Variety
Conditions for Protection
Plant Varieties and Farmers' Rights Authority
Plant Varieties Registry
Registration of Plant Varieties
Rights on Registration
Exclusions to Registration
Terminator and Verminator Technologies
Farmers' Rights
Research Exemption - Breeders' Privilege
Traditional Knowledge
Benefit Sharing
Jeevani - The Miracle Drug
Benefit Sharing and Biological Diversity Act, 2002
Compulsory Licence
Plant Varieties Protection Appellate Tribunal
Infringement
Remedies for Infringement
CHAPTER V
INTERNATIONAL LEGAL FRAMEWORK
UPOV Convention
Meaning of Variety
Rights of Breeder
Breeders' Privilege
Essentially Derived Varieties
Conditions for grant of breeders' right
International Treaty on Plant Genetic Resources
for Food and Agriculture
Trade Related Intellectual Property Rights Agreement
Convention on Biological Diversity
TRIPs and Convention on Biological Diversity
ANNEXURES
Protection of Plant Varieties and Farmers' Right Act, 2001
Protection of Plant Varieties and Farmer's Right Rules, 2003