Intellectual Property Law and Plant Protection: Challenges and Developments in A

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This book provides a detailed and critical account of the emergence, development and implementation of plant variety protection laws in Asian countries. In so doing, the book explores how Asian countries can capitalise on the 'unused policy space' in international agreements such as TRIPS and UPOV, and in the CBD and the Plant Treaty.

FORMATPaperback CONDITIONBrand New Publisher Description

This book is the first to provide a detailed and critical account of the emergence, development, and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore the concerns of diverse national stakeholders, the histories and dynamics of law-making, and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the 'unused policy space' in international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of New Varieties of Plants, as well as international obligations beyond these, such as those contained in the Convention on Biological Diversity and the Plant Treaty. It also highlights the many ways in which Asian experiences can offer new insights into the relationship between intellectual property and plants, and how relevant laws might be re-imagined in other regions, including Africa, Europe, and the Americas.By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners, and policy-makers engaged in work surrounding intellectual property laws, agricultural biodiversity, and plant breeding.

Author Biography

Kamalesh Adhikari is AIBE Research Fellow in Food Security and a Member of the Australian Research Council (ARC) Laureate Project Harnessing Intellectual Property to Build Food Security in the TC Beirne School of Law at the University of Queensland, Australia.David J. Jefferson is a Research Fellow and Member of the Australian Research Council (ARC) Laureate Project Harnessing Intellectual Property to Build Food Security in the TC Beirne School of Law at the University of Queensland, Australia.

Table of Contents

List of illustrationsList of contributorsAcknowledgementsAbbreviationsForewordBRAD SHERMAN1 Intellectual property law for plant varieties: Challenges and developments in AsiaKAMALESH ADHIKARI AND DAVID J. JEFFERSON2 Plant breeders' rights proliferate in Asia: The spread of the UPOV Convention modelDAVID J. JEFFERSON3 Essentially derived varieties: A workable compromise against free-riding breeders?CHARLES LAWSON4 Implementation of the plant variety protection laws of Indonesia, Malaysia, and the Philippines: Trends and future prospectsRAJESWARI KANNIAH5 Opportunities and challenges created by the Plant Variety Protection and Farmers' Rights Act in IndiaR. C. AGRAWAL6 Policy, politics, and implications of Pakistan's Plant Breeders' Rights ActMUHAMMAD AHSAN RANA AND KAMALESH ADHIKARI7 The National Seed Policy of Timor-Leste: Laying the foundation for the regulation of plant varieties as intellectual propertyPRATAP SHRESTHA8 A fresh look at the protection of 'domestic' and 'wild' plant varieties in ThailandPAWARIT LERTDHAMTEWE AND DAVID J. JEFFERSON9 From neglect to protection: Recognising the importance of farmers' varieties in Sri LankaASANKA PERERA AND KAMALESH ADHIKARI10 What does it mean to protect farmers' varieties as intellectual property?KAMALESH ADHIKARIIndex

Details ISBN1032240385 Pages 230 Publisher Taylor & Francis Ltd Year 2021 ISBN-10 1032240385 ISBN-13 9781032240381 Publication Date 2021-12-13 UK Release Date 2021-12-13 Format Paperback Place of Publication London Country of Publication United Kingdom AU Release Date 2021-12-13 NZ Release Date 2021-12-13 Series Routledge Research in Intellectual Property Author David Jefferson Subtitle Challenges and Developments in Asia Edited by David Jefferson Birth 1943 July 26 Affiliation ETH Zurich, Switzerland Position speaker Qualifications M.D. Alternative 9780367180997 DEWEY 346.5/048 Audience Professional & Vocational Imprint Routledge We've got this

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