AGREEMENT ON TRIPS: LEGAL FRAMEWORK FOR PLANT VARIETY PROTECTIONAgreement on Trips: Legal Framework for Plant Variety Protection • September 17th, 2020
Contract Type FiledSeptember 17th, 2020The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires all WTO members to provide for intellectual property pro- tection for plant varieties. According to the TRIPS Article 27.3 (b), protection is to be provided “… either by patents or by an effective sui generis (‘of its own kind’ in Latin) system or by any combination thereof”. Since sui generis itself can take many forms, the range of flexibility is wide for a WTO member to develop its own mechanism to protect plant varieties taking such country-specificities as level of economic development, resources, agricultural and industrial policies, the state of the public and private research capability, and special needs of small farmers and indigenous communities in to account.
AGREEMENT ON TRIPS: LEGAL FRAMEWORK FOR PLANT VARIETY PROTECTIONAgreement on Trips: Legal Framework for Plant Variety Protection • June 24th, 2005
Contract Type FiledJune 24th, 2005The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires all WTO members to provide for intellectual property pro- tection for plant varieties. According to the TRIPS Article 27.3 (b), protection is to be provided “… either by patents or by an effective sui generis (‘of its own kind’ in Latin) system or by any combination thereof”. Since sui generis itself can take many forms, the range of flexibility is wide for a WTO member to develop its own mechanism to protect plant varieties taking such country-specificities as level of economic development, resources, agricultural and industrial policies, the state of the public and private research capability, and special needs of small farmers and indigenous communities in to account.