The breeder’s exemption under UPOV 1991, the Convention on Biological Diversity and its Nagoya Protocol
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The 1991 International Convention for the Protection of New Plant Varieties (UPOV 1991) provides for a breeder's exemption allowing the protected plant variety to be used to breed new varieties. The United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol provide a scheme for access to plant materials (genetic resources) that might be used for breeding new varieties and details an obligation to share any benefits. This article shows that, while the CBD, the Nagoya Protocol and UPOV 1991 operate separately, in their implementation in domestic laws, the CBD/Nagoya Protocol access and benefit-sharing contracts can limit the UPOV 1991's breeder's exemption, restricting further breeding of new varieties.
Journal of Intellectual Property Law & Practice
© 2015 Oxford University Press. This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Journal of Intellectual Property Law & Practice following peer review. The definitive publisher-authenticated version, The breeder’s exemption under UPOV 1991, the Convention on Biological Diversity and its Nagoya Protocol, Journal of Intellectual Property Law & Practice, 10(7), 526–535 is available online at: http://doi.org/10.1093/jiplp/jpv080.
Intellectual Property Law