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An analysis of the protection accorded to plant varieties and farmers right : rights with special emphasis on the Indian position in comparison with the us and eu regimes
Asmita Pawar
An analysis of the protection accorded to plant varieties and farmers right : rights with special emphasis on the Indian position in comparison with the us and eu regimes - BangaloreBangalore NLSIU 2002 - 167 p. ; 25 cm.
TABLE OF CONTENTS LIST OF ABBREVIATIONS; LIST OF CASES; 1. INTORDUCTION; 2. DEFINING PLANT VARIETY AND THE NEED FOR ROTECTION; 2.1 Meaning of "Plant Variety"; 2.2 Importance of New Plant Varieties; 2.3 Raison d' etre for Legal Protection; 2.4 Plant Breeders' Rights; 2.5 Farmer's Rights; 3. IMPACT OF GLOBAL CONVENTIONS ON PLANT VARIETY; 3.1 Legal Framework; 3.2 Agreement On Trade Related Intellectual Property Rights (TRIPs); Relevant Provisions of TRIPs Agreement on Plant Varieties; Protection by Patents; Protection by a Sui Generis System; Protection By Any Combination Of Patents & A Sui Generis System; 3.3 The UPOV Convention; Relevant Provisions Of The UPOV Convention; Drawbacks of the UPOV Convention; 3.4 The International Undertaking on Plant Genetic Resources (IU); 3.5 The Convention on Biological Diversity (CBD); 3.6 The Consultative Group on International Agricultural Research (CGIAR); 4. THE INTERNATIONAL SCENAHIO; 4.1 The American Position; Utility Patents; Plant Patents; Pant Variety Protection Act (PVPA); 4.2 The European Position; Strasbourg Convention; European Patent Convention; Specific intellectual property rights available to European Union plant breeders; Use of intellectual rights by EU Plant Breeding Community; 4.3 Distinction between the US and European Laws; 5. THE INDIAN POSITION; 5.1 Historiography of the Legislation; 5.2 The Indian System; The Patents (Amendment) Act, 2002; ;The Protection of Plant Variety and Famers' Rights Act, 2001; The Provisions of the Act; Varieties Protected; Criteria for Protection; Registration of Fam1ers' variety; Renewal of Registration ; Exemption from Registration; Period of Protection; Famers' Right; Supportive rights of farmers; Benefit Sharing; The Gene Fund; Breeders liability against bad seeds; Local Community Rights; Breeders' Rights; Penalty for Infringing Breeders Rights; Rights of Researcher; Compulsory License; Correctives needed in the Act ; 5.3. India & UPOV; Conflicting Interests of UPOV and India; Comparative Study between UPOV 2nd PPVFR; 5.4 CoFaB - A Developing Country Alternative to UPOV; The salient features of CoFaB; 6. COMPARATIVE ANALYSIS OF THE INDIAN, EUROPEAN AND THE AMERICAN SYSTEMS OF PLANT VARIETY PROTECTION; 7. CONCLUSION; 8. BIBLIOGRAPHY; 8.1 STATUTES; INDIA; UNITED STATES OF AMERICA; EUROPEAN COMMUNITY; 8.2 INTERNATIONAL TREATIES & CONVENTIONS; 8.3 REPORTS; 8.4 ARTICLES; 8.5 BOOKS; 8.6 WEB-SITES; 9. ANNEXES; 9.1 Annexure - I: The Trips Agreement - Article 27; 9.2 Annexure - II: The UPOV Convention 1991; 9.3 Annexure - III: The PPVFR Act, 20O1.
Global Conventions on Plant Variety Plant Variety Protection
An analysis of the protection accorded to plant varieties and farmers right : rights with special emphasis on the Indian position in comparison with the us and eu regimes - BangaloreBangalore NLSIU 2002 - 167 p. ; 25 cm.
TABLE OF CONTENTS LIST OF ABBREVIATIONS; LIST OF CASES; 1. INTORDUCTION; 2. DEFINING PLANT VARIETY AND THE NEED FOR ROTECTION; 2.1 Meaning of "Plant Variety"; 2.2 Importance of New Plant Varieties; 2.3 Raison d' etre for Legal Protection; 2.4 Plant Breeders' Rights; 2.5 Farmer's Rights; 3. IMPACT OF GLOBAL CONVENTIONS ON PLANT VARIETY; 3.1 Legal Framework; 3.2 Agreement On Trade Related Intellectual Property Rights (TRIPs); Relevant Provisions of TRIPs Agreement on Plant Varieties; Protection by Patents; Protection by a Sui Generis System; Protection By Any Combination Of Patents & A Sui Generis System; 3.3 The UPOV Convention; Relevant Provisions Of The UPOV Convention; Drawbacks of the UPOV Convention; 3.4 The International Undertaking on Plant Genetic Resources (IU); 3.5 The Convention on Biological Diversity (CBD); 3.6 The Consultative Group on International Agricultural Research (CGIAR); 4. THE INTERNATIONAL SCENAHIO; 4.1 The American Position; Utility Patents; Plant Patents; Pant Variety Protection Act (PVPA); 4.2 The European Position; Strasbourg Convention; European Patent Convention; Specific intellectual property rights available to European Union plant breeders; Use of intellectual rights by EU Plant Breeding Community; 4.3 Distinction between the US and European Laws; 5. THE INDIAN POSITION; 5.1 Historiography of the Legislation; 5.2 The Indian System; The Patents (Amendment) Act, 2002; ;The Protection of Plant Variety and Famers' Rights Act, 2001; The Provisions of the Act; Varieties Protected; Criteria for Protection; Registration of Fam1ers' variety; Renewal of Registration ; Exemption from Registration; Period of Protection; Famers' Right; Supportive rights of farmers; Benefit Sharing; The Gene Fund; Breeders liability against bad seeds; Local Community Rights; Breeders' Rights; Penalty for Infringing Breeders Rights; Rights of Researcher; Compulsory License; Correctives needed in the Act ; 5.3. India & UPOV; Conflicting Interests of UPOV and India; Comparative Study between UPOV 2nd PPVFR; 5.4 CoFaB - A Developing Country Alternative to UPOV; The salient features of CoFaB; 6. COMPARATIVE ANALYSIS OF THE INDIAN, EUROPEAN AND THE AMERICAN SYSTEMS OF PLANT VARIETY PROTECTION; 7. CONCLUSION; 8. BIBLIOGRAPHY; 8.1 STATUTES; INDIA; UNITED STATES OF AMERICA; EUROPEAN COMMUNITY; 8.2 INTERNATIONAL TREATIES & CONVENTIONS; 8.3 REPORTS; 8.4 ARTICLES; 8.5 BOOKS; 8.6 WEB-SITES; 9. ANNEXES; 9.1 Annexure - I: The Trips Agreement - Article 27; 9.2 Annexure - II: The UPOV Convention 1991; 9.3 Annexure - III: The PPVFR Act, 20O1.
Global Conventions on Plant Variety Plant Variety Protection