Patents and plant breeding: Implications for food security

This article examines the inter-relationship between plant variety protection (PVP) laws and patent laws and their implications for food security. PVP laws were developed to encourage and protect agricultural innovations by conferring exclusive rights upon the developers of new plant varieties, subj...

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Autor principal:	Michael Blakeney
Formato:	article
Lenguaje:	EN
Publicado:	Amsterdam Law Forum 2011
Materias:	Law K
Acceso en línea:	https://doaj.org/article/49f82de917cd443a908b1d650e91f336
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spelling	oai:doaj.org-article:49f82de917cd443a908b1d650e91f3362021-12-02T00:29:47ZPatents and plant breeding: Implications for food security1876-8156https://doaj.org/article/49f82de917cd443a908b1d650e91f3362011-08-01T00:00:00Zhttp://ojs.ubvu.vu.nl/alf/article/view/227https://doaj.org/toc/1876-8156This article examines the inter-relationship between plant variety protection (PVP) laws and patent laws and their implications for food security. PVP laws were developed to encourage and protect agricultural innovations by conferring exclusive rights upon the developers of new plant varieties, subject to exceptions for farmers to save seeds for future plantings and for plant breeders to develop new varieties. With the application of recombinant DNA technologies to agriculture and the possibility of patenting DNA and associated enabling technologies the seed saving privilege and breeders’ exception in PVP laws could be circumvented. This has important implications for food security, as does recent efforts of plant breeders to patent their breeding methods. This article examines two recent determinations by the European Patent Office’s Enlarged Board of Appeal concerning attempts to patent plant breeding methods.Michael BlakeneyAmsterdam Law ForumarticleLawKENAmsterdam Law Forum, Vol 3, Iss 3, Pp 73-88 (2011)
institution	DOAJ
collection	DOAJ
language	EN
topic	Law K
spellingShingle	Law K Michael Blakeney Patents and plant breeding: Implications for food security
description	This article examines the inter-relationship between plant variety protection (PVP) laws and patent laws and their implications for food security. PVP laws were developed to encourage and protect agricultural innovations by conferring exclusive rights upon the developers of new plant varieties, subject to exceptions for farmers to save seeds for future plantings and for plant breeders to develop new varieties. With the application of recombinant DNA technologies to agriculture and the possibility of patenting DNA and associated enabling technologies the seed saving privilege and breeders’ exception in PVP laws could be circumvented. This has important implications for food security, as does recent efforts of plant breeders to patent their breeding methods. This article examines two recent determinations by the European Patent Office’s Enlarged Board of Appeal concerning attempts to patent plant breeding methods.
format	article
author	Michael Blakeney
author_facet	Michael Blakeney
author_sort	Michael Blakeney
title	Patents and plant breeding: Implications for food security
title_short	Patents and plant breeding: Implications for food security
title_full	Patents and plant breeding: Implications for food security
title_fullStr	Patents and plant breeding: Implications for food security
title_full_unstemmed	Patents and plant breeding: Implications for food security
title_sort	patents and plant breeding: implications for food security
publisher	Amsterdam Law Forum
publishDate	2011
url	https://doaj.org/article/49f82de917cd443a908b1d650e91f336
work_keys_str_mv	AT michaelblakeney patentsandplantbreedingimplicationsforfoodsecurity
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Patents and plant breeding: Implications for food security

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