| Popis: |
This chapter focuses on interfaces in plant intellectual property, which often present overlapping claims of intellectual property protections. It explores how the overlapping intellectual property protection for plants concerns the interface between the style of the International Convention for the Protection of New Varieties of Plants (UPOV) plant variety protection regimes and utility patent regimes. Illustrations and strategies of doing nothing, subject-matter limitations, and policing doctrines can be discerned for regulating intellectual property interfaces. The chapter clarifies that there is no uniform approach at the international level to patent or plant variety protection interface measures as the UPOV Treaty and Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement leave the matter to national law. Moreover, the United States and Europe differ in fundamental approaches. |
