Propagating materials and harvested materials: clarifying the scope of plant variety or breeder’s rights
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Abstract
The 1991 International Convention for the Protection of New Plant Varieties (UPOV 1991) provides breeder’s right over ‘propagating material’ for breeding new plant varieties.
UPOV 1991 extends that breeder’s right over ‘propagating material’ to ‘harvested material’ where the breeder has not authorized uses of the ‘propagating material’ and not had a reasonable opportunity to exercise their right in relation to the ‘propagating material’.
This article argues that all ‘harvested material’ that is also ‘propagating material’ should be treated as ‘propagating material’ per se for the purposes of UPOV 1991 and national plant variety and breeder’s rights.
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Journal of Intellectual Property Law & Practice
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18
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9
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This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Intellectual Property Law & Practice following peer review. The version of record Charles Lawson, Propagating materials and harvested materials: clarifying the scope of plant variety or breeder’s rights, Journal of Intellectual Property Law & Practice, Volume 18, Issue 9, September 2023, Pages 655–672 is available online at: https://doi.org/10.1093/jiplp/jpad065.
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Commercial law
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Private law and civil obligations
Social Sciences
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Government & Law
PROTECTION
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Lawson, C, Propagating materials and harvested materials: clarifying the scope of plant variety or breeder’s rights, Journal of Intellectual Property Law & Practice, 2023, 18 (9), pp. 655-672