Intellectual Property Law and Plant Protection: Challenges and Developments in Asia

Description

Cover Half Title Series Page Title Page Copyright Page Table of Contents List of illustrations List of contributors Acknowledgements Abbreviations Foreword 1. Intellectual property law for plant varieties: Challenges and developments in Asia 2. Plant breeders’ rights proliferate in Asia: The spread of the UPOV Convention model 2.1 Introduction 2.2 Hard influences: The post-TRIPS proliferation of free trade agreements 2.3 Soft influences: How commercial interests shape lawmaking 2.4 Legal manifestations of the Asian turn towards UPOV 1991 2.5 Conclusion 3. Essentially derived varieties: A workable compromise against free-riding breeders? 3.1 Introduction 3.2 Delimitation of EDVs in UPOV 1991 3.3 Scope of the UPOV 1991 conceptualisation of EDVs and certain other varieties 3.4 Resolving the apparent conflict inherent to the UPOV 1991 conceptualisation of EDVs 3.5 What do the cases say? 3.6 Conclusion 4. Implementation of the plant variety protection laws of Indonesia, Malaysia, and the Philippines: Trends and future prospects 4.1 Introduction 4.2 Background of agriculture and seed systems in Indonesia, Malaysia, and the Philippines 4.3 Innovative aspects of the plant variety protection laws of Indonesia, Malaysia, and the Philippines 4.4 Relationship between the sui generis regimes and the UPOV Convention 4.5 Influence of the East Asia Plant Variety Protection Forum 4.6 Utilisation of the Indonesian, Malaysian, and Filipino PVP regimes by different actors 4.7 Conclusion 5. Opportunities and challenges created by the Plant Variety Protection and Farmers’ Rights Act in India 5.1 Introduction 5.2 Key features of the Protection of Plant Varieties and Farmers’ Rights Act 5.3 Opportunities created by the Protection of Plant Varieties and Farmers’ Rights Act 5.4 Enduring challenges surrounding the implementation of the Protection of Plant Varieties and Farmers’ Rights Act 5.5 Conclusion 6. Policy, politics, and implications of Pakistan’s Plant Breeders’ Rights Act 6.1 Introduction 6.2 The history of the Pakistani seed sector 6.3 The politics of the implementation and oversight of the Plant Breeders’ Rights Act 6.4 Key features of the Pakistani Plant Breeders’ Rights Act 6.5 Possible implications of the Pakistani Plant Breeders’ Rights Act 6.6 Areas of intersections and tensions between the Plant Breeders’ Rights Act and the 1976 Seed Act 6.7 Conclusion 7. The National Seed Policy of Timor-Leste: Laying the foundation for the regulation of plant varieties as intellectual property 7.1 Introduction 7.2 The nature of agriculture in Timor-Leste 7.3 Cropping systems and crop diversity in Timor-Leste 7.4 Timorese seed systems 7.5 The making of the National Seed Policy 7.6 Key features of the National Seed Policy 7.7 Conclusion 8. A fresh look at the protection of ‘domestic’ and ‘wild’ plant varieties in Thailand 8.1 Introduction 8.2 The continued importance of customary agriculture in Thailand 8.3 The making of the Thai system of intellectual property for plant varieties 8.4 Convergence with and divergence from the UPOV model 8.5 Definition and protection of local domestic plant varieties in the Thai PVP Act 8.6 Definition and protection of general domestic and wild plant varieties in the Thai PVP Act 8.7 Conclusions and recommendations 9. From neglect to protection: Recognising the importance of farmers’ varieties in Sri Lanka 9.1 Introduction 9.2 The evolution of the Sri Lankan system of intellectual property for plant varieties 9.3 Why should Sri Lanka recognise legal protections for farmers’ varieties? 9.4 How should Sri Lanka protect farmers’ varieties in its intellectual property law? 9.5 Conclusion 10. What does it mean to protect farmers’ varieties as intellectual property? 10.1 Introduction 10.2 Farmers’ varieties as an international legal construct 10.3 The making of the UPOV-plus plant variety rights regime in Nepal 10.4 The evolution of the farmers’ varieties concept in Nepal 10.5 The historic evolution of Pokhareli Jethobudho as a commercial variety 10.6 Questions and concerns that the Pokhareli Jethobudho case raises 10.7 Conclusion Index