Intellectual Property Law and Plant Protection: Challenges and Developments in Asia, 1st Edition (Hardback) book cover

Intellectual Property Law and Plant Protection

Challenges and Developments in Asia, 1st Edition

Edited by Kamalesh Adhikari, David James Jefferson

Routledge

240 pages

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Hardback: 9780367180997
pub: 2019-10-23
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Description

This book provides a detailed and critical account of the emergence, development and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore: the concerns of diverse national stakeholders; the histories and dynamics of law-making; and the ways in which plant variety protection and seed certification laws interact with local agricultural systems.  

The book also assesses how Asian countries can capitalise on the ‘unused policy space’ in international agreements such as TRIPS and UPOV, as well as international obligations beyond this, such as those contained in the CBD and the Plant Treaty. It also highlights the many ways Asian experiences can offer new insights into how regimes that grant intellectual property rights in plants might be re-imagined in other regions, including Africa, Europe and the Americas.

By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners and policymakers engaged in work surrounding intellectual property laws, agricultural biodiversity and plant breeding.

Table of Contents

  1. Intellectual property law for plant varieties: Challenges and developments in Asia
  2. Kamalesh Adhikari and David J. Jefferson

  3. Plant breeders’ rights proliferate in Asia: The spread of the UPOV Convention model
  4. David J. Jefferson

  5. Essentially derived varieties: A workable compromise against free riding breeders?
  6. Charles Lawson

  7. Implementation of the plant variety protection laws of Indonesia, Malaysia, and the Philippines: Trends and future prospects
  8. Rajeswari Kanniah

  9. Opportunities and challenges created by the Plant Variety Protection and Farmers’ Rights Act in India
  10. R. C. Agrawal  

  11. Policy, politics, and implications of Pakistan’s Plant Breeders’ Rights Act
  12. Muhammad Ahsan Rana and Kamalesh Adhikari 

  13. The National Seed Policy of Timor Leste: Laying the foundation for the regulation of plant varieties as intellectual property
  14. Pratap Shrestha

  15. A fresh look at the protection of ‘domestic’ and ‘wild’ plant varieties in Thailand
  16. Pawarit Lertdhamtewe and David J. Jefferson

  17. From neglect to protection: Recognising the importance of farmers’ varieties in Sri Lanka
  18. Asanka Perera and Kamalesh Adhikari 

  19. What does it mean to protect farmers’ varieties as intellectual property?

Kamalesh Adhikari

About the Editors

Kamalesh Adhikari is AIBE Research Fellow in Food Security and Member of the Australian Research Council (ARC) Laureate Project ‘Harnessing Intellectual Property to Build Food Security’ in the TC Beirne School of Law, The University of Queensland, Australia

David J. Jefferson is Research Fellow and Member of the Australian Research Council (ARC) Laureate Project ‘Harnessing Intellectual Property to Build Food Security’ in the TC Beirne School of Law, The University of Queensland, Australia

About the Series

Routledge Research in Intellectual Property

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General