This book is the first to analyze the compliance of different modalities of a breeders exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This type of exception allows using patented biological matter for breeding new varieties of plants. Although the breeder s exception is widely accepted under plant variety legislation, it is not common under patent laws despite the fact that patent rights often cover plant varieties in many jurisdictions. Only few European countries have adopted such an exception. After the entry...

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.