TRIPS, biotechnology and the public domain: what role will world trade law play?

TL;DRAbstract

This chapter examines the intellectual-property rights of relevance to agricultural biotechnology: patents and sui generis rights in plant varieties, and how these rights are dealt with in the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). The first part of the chapter explains the TRIPS provisions relevant to agriculture, i.e. Article 27, dealing with patentability. The second part examines whether the Doha Round of multilateral trade negotiations will affect rights in agricultural biotechnology. The third part examines European law and policy, focusing on the substantive obligations of the European countries, mainly the EU member states, relevant to TRIPS.

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