By F. H. Erbisch, K. M. Maredia
In past times twenty-five years, biotechnology has revolutionized agricultural study. the large strength, including a landmark selection by way of the USA ideally suited court docket to permit the patenting of genetically-engineered organisms has inspired deepest area businesses to take a position in agricultural biotechnology study programmes. This has contributed to a fast progress in curiosity in highbrow estate rights as utilized to this subject.The first variation of this ebook used to be released in 1998. Now absolutely revised and up to date it offers definitive info on highbrow estate legislations in a simplified shape (with not less than criminal jargon). New chapters were extra which conceal plant style safety and farmers rights, and extra case reports.
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Additional info for Intellectual Property Rights in Agricultural Biotechnology (Biotechnology in Agriculture Series, 28)
When irreparable injury is shown, an injunction can be imposed to prevent the defendant from using or disclosing the misappropriated secret. In addition, certain criminal penalties can be applied. Trade secrets are much more common in private industry, where scholarly publication is not required and the value of information is dependant upon how well it can be kept secret from competitors and the public. In contrast, universities and government laboratories are encouraged and sometimes required to share their findings through publication and presentation, making it almost impossible to maintain a trade secret.
Article 15 of the new (1991) version, which came into force in April 1998, permits nations to allow farmers to re-use seed, but does not require them to do so. As noted above, the USA has made this authorization. Article 14 of this new version adopts a concept of ‘essentially derived variety’, a concept implemented at 7 USC §2541. A breeder remains free to use a protected variety and to make any change in such a variety, but is subject to the rights of the owner of the initial variety if that change is so small as to leave the new variety ‘essentially derived’.
This was a trade secrecy suit, in which Pioneer claimed that Holden had used one of its inbred maize lines in the development of competing lines. The case was tried before a judge and the judge admitted evidence from isozyme electrophoresis, reverse phase high performance liquid chromatography and growout tests. These demonstrated substantial similarity between the Pioneer and the Holden lines. Holden was then unable to provide evidence persuading the court that it had developed the line independently in a way that did not infringe Pioneer’s rights.
Intellectual Property Rights in Agricultural Biotechnology (Biotechnology in Agriculture Series, 28) by F. H. Erbisch, K. M. Maredia