Proposta para neutralizar os efeitos deletérios da sobreposição de direitos entre patentes e cultivares no material propagativo de plantas
The overlap between patent rights and cultivars increased with the so-called modern technologies of plant breeding. Considering this fact the law relating to intellectual property rights did not follow the innovations in the biotech field, given the absence of limits or even a legal neutralization o...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6747786 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Vol. 10, Nº. 2, 2016, pags. 147-178 |
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| Summary: |
The overlap between patent rights and cultivars increased with the so-called modern technologies of plant breeding. Considering this fact the law relating to intellectual property rights did not follow the innovations in the biotech field, given the absence of limits or even a legal neutralization on the indirect effects of a process patent the genetic material of plants for product patents ( seeds itself and derivatives) which will harmonize and balance the laws relevant matter. In fact, the discussion has gone on for some time in the courts as the question of what processes and technologies to be covered by the concept of "genetic modification" and, in turn, which results from these technologies can focus on the term "genetically modified organisms modified ", incidences of double protection, royalty payments, among other issues. the study will examine the intersection between patents and cultivars in plant variety and / or plants and seek a proposal to neutralize and / or resolve conflicts of overlap between unique and different national laws on the matter. |
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