Technological Advances in Plant Innovation Seçkin Yayınevi Tuğba Güleş

Technological Advances in Plant Innovation_{the Dynamics of Intellectual Property Law}

Tuğba Güleş Seçkin Yayınevi

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Technological Advances in Plant Innovation the Dynamics of Intellectual Property Law

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"Many observers refer to today's global economy as one in transited to a ‘knowledge economy' and en route to the knowledge-based Bio-Economy. Rapid transition to a knowledge-based bioeconomy has significant implications for range of issues critical to the sustainability of agriculture, eco-systems and economic growth. Hence, potentials of plants as a technology platform is increasingly being explored so are the socio-ecological impacts.

Today's plant biotechnology industry produces intellectual property as its manufactured goods and advances in biological sciences raised the private value of the plant genetic resources. However, much uncertainty remains about the ability to adopt the existing Intellectual Property framework to changed circumstances of post 19th century. This uncertainty raises questions into both the limitations of technology neutral principles of the patent system and the effectiveness of industry specific modifications.

This book provides legal scholars, attorneys, industry representatives, law reformers, and legislative advocates with a more nuanced and comprehensive understanding of the Intellectual Property law framework for plant innovation. The book also offers new understanding of the relationship between patent and plant variety protection system, as well as the two systems' strengths and limitations in terms of their implications on innovative activity." (Arka Kapak Yazısı)

Konu Başlıkları

Trajectory of Developments in Plant Innovation and IP Protection
Existing IP Law Framework for Plant Innovation
Key Legal Challenges and Responses

İÇİNDEKİLER

Table of Contents

Acknowledgements 7

Abstract 9

List of Figures and Tables 15

Table of Authorities 17

List of Acronyms and Abbreviations 23

Definitions of Central Terms 25

INTRODUCTION 31

i. Background of the Research 31

ii. Research Objectives 44

iii. Methodology and Structure 47

1. Chapter I 48

2. Chapter II 49

3. Chapter III 50

iv. Sources 50

CHAPTER I

Trajectory of Developments in Plant Innovation and

IP Protection

A. Trajectory of Developments in Plant Innovation 51

i. The Key Characteristics of Plant Innovation 52

1. Cumulative 53

2. Path Dependent 54

3. Sequential 55

ii. Paradigm of Phenotype 55

iii. Paradigm Shift from Phenotype to Genotype 58

iv. Molecular Breeding Era 61

v. Nanoscale Breeding and Plants as Genetic Datasets 70

B. Trajectory of Developments in IP Protection 73

i. Institutional Shifts in Plant Breeding 73

ii. Advent of Plant Variety Protection 78

iii. Advent of Patent Protection 84

CHAPTER II

Existing IP Law Framework for Plant Innovation

A. Key Differences between Plant Variety Protection and Patent Protection 87

i. Farmers as User–innovators and Farm–saved Seed Exemption 91

ii. Comparative Analysis of Farm–saved Seed Exemption 98

iii. Breeder’s Exemption and Essentially Derived Variety 108

B. Intellectual Property Protection for Plant Innovation: Comparative Analysis 112

i. Liberal Approach 114

Australia 114

Japan 116

South Korea 117

United States 118

ii. Modified Approach 119

Canada 119

European Union 119

iii. Minimum Standards Provided by TRIPs 121

Argentina 122

Brazil 122

China 123

India 123

Mexico 124

Main Findings 124

C. Trends in Intellectual Property Protection for Plant Innovation 125

i. Trends in Patent Protection 125

ii. Trends in UPOV Model Plant Variety Protection 134

D. Empirical Analysis of the Incentive Effects of IP Protection 140

i. Incentive Effects on Agricultural Productivity Growth, Private Investment and R&D 141

ii. Incentive Effects on Foreign Direct Investment and Trade 155

Main Findings 161

CHAPTER III

Key Legal Challenges and Responses

A. Patent Law: Doctrinal Difficulties and Fluxes in the Formulations 163

i. Reconfiguration of the Invention 169

ii. Revisiting ‘Products of Nature’ Doctrine in the Biotech Era 173

iii. Distinguishing the ‘Essentially’ Biological Process in the Biotech Era 182

iv. Preion for the Product of Nature Doctrine: isolating and replicating natural to produce ‘unnatural’ 188

v. Anything Under the Sun Made by Man that is ‘Markedly Different’ 194

B. Co–Existence of PVP System and Patent Protection 202

i. Distinction between overlapping protection and premise of mutual exclusiveness 202

ii. De facto Overlaps between Patent and Plant Variety Protection Systems 206

Conclusion 211

Bibliography 235

Açıklama

Açıklama
- "Many observers refer to today's global economy as one in transited to a ‘knowledge economy' and en route to the knowledge-based Bio-Economy. Rapid transition to a knowledge-based bioeconomy has significant implications for range of issues critical to the sustainability of agriculture, eco-systems and economic growth. Hence, potentials of plants as a technology platform is increasingly being explored so are the socio-ecological impacts.
  
  Today's plant biotechnology industry produces intellectual property as its manufactured goods and advances in biological sciences raised the private value of the plant genetic resources. However, much uncertainty remains about the ability to adopt the existing Intellectual Property framework to changed circumstances of post 19th century. This uncertainty raises questions into both the limitations of technology neutral principles of the patent system and the effectiveness of industry specific modifications.
  
  This book provides legal scholars, attorneys, industry representatives, law reformers, and legislative advocates with a more nuanced and comprehensive understanding of the Intellectual Property law framework for plant innovation. The book also offers new understanding of the relationship between patent and plant variety protection system, as well as the two systems' strengths and limitations in terms of their implications on innovative activity." (Arka Kapak Yazısı)
  
  Konu Başlıkları
  
  Trajectory of Developments in Plant Innovation and IP Protection
  
  Existing IP Law Framework for Plant Innovation
  
  Key Legal Challenges and Responses
  
  İÇİNDEKİLER
  
  Table of Contents
  
  Acknowledgements  7
  
  Abstract  9
  
  List of Figures and Tables  15
  
  Table of Authorities  17
  
  List of Acronyms and Abbreviations  23
  
  Definitions of Central Terms  25
  
  INTRODUCTION  31
  
  i. Background of the Research  31
  
  ii. Research Objectives  44
  
  iii. Methodology and Structure  47
  
  1. Chapter I  48
  
  2. Chapter II  49
  
  3. Chapter III  50
  
  iv. Sources  50
  
  CHAPTER I
  
  Trajectory of Developments in Plant Innovation and
  
  IP Protection
  
  A. Trajectory of Developments in Plant Innovation  51
  
  i. The Key Characteristics of Plant Innovation  52
  
  1. Cumulative  53
  
  2. Path Dependent  54
  
  3. Sequential  55
  
  ii. Paradigm of Phenotype  55
  
  iii. Paradigm Shift from Phenotype to Genotype  58
  
  iv. Molecular Breeding Era  61
  
  v. Nanoscale Breeding and Plants as Genetic Datasets  70
  
  B. Trajectory of Developments in IP Protection  73
  
  i. Institutional Shifts in Plant Breeding  73
  
  ii. Advent of Plant Variety Protection  78
  
  iii. Advent of Patent Protection  84
  
  CHAPTER II
  
  Existing IP Law Framework for Plant Innovation
  
  A. Key Differences between Plant Variety Protection and Patent Protection  87
  
  i. Farmers as User–innovators and Farm–saved Seed Exemption  91
  
  ii. Comparative Analysis of Farm–saved Seed Exemption  98
  
  iii. Breeder’s Exemption and Essentially Derived Variety  108
  
  B. Intellectual Property Protection for Plant Innovation: Comparative Analysis  112
  
  i. Liberal Approach  114
  
  Australia  114
  
  Japan  116
  
  South Korea  117
  
  United States  118
  
  ii. Modified Approach  119
  
  Canada  119
  
  European Union  119
  
  iii. Minimum Standards Provided by TRIPs  121
  
  Argentina  122
  
  Brazil  122
  
  China  123
  
  India  123
  
  Mexico  124
  
  Main Findings  124
  
  C. Trends in Intellectual Property Protection for Plant Innovation  125
  
  i. Trends in Patent Protection  125
  
  ii. Trends in UPOV Model Plant Variety Protection  134
  
  D. Empirical Analysis of the Incentive Effects of IP Protection  140
  
  i. Incentive Effects on Agricultural Productivity Growth, Private Investment and R&D  141
  
  ii. Incentive Effects on Foreign Direct Investment and Trade  155
  
  Main Findings  161
  
  CHAPTER III
  
  Key Legal Challenges and Responses
  
  A. Patent Law: Doctrinal Difficulties and Fluxes in the Formulations  163
  
  i. Reconfiguration of the Invention  169
  
  ii. Revisiting ‘Products of Nature’ Doctrine in the Biotech Era  173
  
  iii. Distinguishing the ‘Essentially’ Biological Process in the Biotech Era  182
  
  iv. Preion for the Product of Nature Doctrine: isolating and replicating natural to produce ‘unnatural’  188
  
  v. Anything Under the Sun Made by Man that is ‘Markedly Different’  194
  
  B. Co–Existence of PVP System and Patent Protection  202
  
  i. Distinction between overlapping protection and premise of mutual exclusiveness  202
  
  ii. De facto Overlaps between Patent and Plant Variety Protection Systems  206
  
  Conclusion  211
  
  Bibliography  235
  
  Stok Kodu
  :
  9789750249280
  
  Boyut
  :
  16x23,5
  
  Sayfa Sayısı
  :
  276
  
  Basım Yeri
  :
  Ankara
  
  Baskı
  :
  1
  
  Basım Tarihi
  :
  2018 TEMMUZ
  
  Kapak Türü
  :
  Karton Kapak
  
  Kağıt Türü
  :
  1. Hamur
  
  Dili
  :
  Türkçe
  
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