OAK Repository

Metadata Downloads

The Plant Variety Protection System: General Presentation and Focus on the Essentially Derived Variety Concept

Part Name
Articles
Title
The Plant Variety Protection System: General Presentation and Focus on the Essentially Derived Variety Concept
Author(s)
Camille Bugnicourt
Affiliation
Lawyer at FIDAL
Publication Year
31-Mar-2017
Citation
KLRI Journal of Law and Legislation, Vol. 7 Issue. 1 Page. 117-162
ISSN
2234-7526
Publisher
한국법제연구원
Keyword
Breeder's privilege; Distinctness; Essentially derived variety; Farmer's privilege; Novelty; Patent; Plant variety; Stability; Uniformity; UPOV Convention
Type
Article
Language
eng
Format
application/pdf
URI
http://www.klri.re.kr:9090/handle/2017.oak/5381
Abstract
Abstract
The plant variety system is a very technical field quite close from patent law, but with substantial differences. It is especially known for its exceptions, the breeder's privilege and the farmer's privilege, made with the aim to balance the interests of breeders and farmers. These exceptions were originally conceived to adapt the monopoly granted by this special intellectual property right to the specificity of the "living" on the one hand and of the agricultural sector on the other hand.
The breeder's privilege allows everyone to freely use a protected variety for further breeding. The result of the breeding can be distributed without the original breeder's authorisation.
The farmer's privilege allows farmers to use a part of their harvest obtained with a protected plant to sow their fields the following year without breeder's authorisation.
However, the UPOV Convention evolved with successive revisions. The extent of the plant variety right was originally quite limited. The scope of the plant variety certificate became much broader, and at the same time, its exceptions were weakeded.
In this regard, the concept of essentially derived variety was adopted, which framed the extent of the breeder's privilege. This blurry notion is nowadays the cause of many conflicts.
Table Of Contents
<Contents>
Excessive Attorney Fees and the Related Issues in... [Young-Ho Kong] 1

The Role of Financial Institutions in Brazil in F... [Renata Soares Piazzon] 23

Quality Control and Management in Legislation: A ... [Timea Drinoczi] 57

Alternative Modernity as a Possible Foundation of... [Pratyush Kumar] 87

The Plant Variety Protection System: General Pres... [Camille Bugnicourt] 117

Private Litigation under China’s Anti-Monopoly La... [Alexandr Svetlicinii] 163

Ⅰ. Introduction: The Creation of Plant Variety Protection System
Ⅱ. Presentation of the Plant Variety Regulations
Ⅲ. Presentation of the Plant Variety Law
A. Object of the Plant Variety Law
B. Duration of the Plant Variety Law
C. Conditions of the Plant Variety Law
Ⅳ. Exceptions to the Plant Variety Right
A. Breeder's Privilege and the Concept of Essentially Derived Variety
B. The Farmer's Privilege
Ⅴ. Conclusion
Files in This Item:

qrcode

  • mendeley

해당 아이템을 이메일로 공유하기 원하시면 인증을 거치시기 바랍니다.

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.

Browse