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|Title:||Legal Protection of Biological Material: Globalisation Versus State Freedom|
|Abstract:||This paper discusses the issues involved when considering the implementation of plant intellectual property rights. The paper points out the interacting internal factors that can influence proposed legislation as well as the need to meet global legislative requirements. A brief outline of European Plant Intellectual Property Law compares plant variety rights with patents, highlighting the advantages and disadvantages of each system. It is very important that developing countries introduce intellectual property legislation in order not only to protect their genetic resources but also to encourage the transfer of technology and external sources of investment. At the same time it is important for developed countries to understand the concerns of developing countries to the introduction of private rights and to permit the necessary timeframe for discussions so that appropriate and effective legislation can be implemented. Finally, the paper provides some examples of alternative legislation which can operate independently or in conjunction with each other or with more established forms of plant intellectual property rights.|
|ISSN:||0975-1076 (Online); 0971-7544 (Print)|
|Appears in Collections:||JIPR Vol.06(5) [September 2001]|
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