Agriculture and intellectual property rights: economic, by Vittorio Santaniello, Robert E Evenson, David Zilberman,

By Vittorio Santaniello, Robert E Evenson, David Zilberman, Gerald A Carlson

This e-book has arisen from the convention entitled 'The form of the arriving agricultural biotechnology transformation: strategic funding and coverage techniques from an financial point of view' convened by means of the foreign Consortium on Agricultural Biotechnology learn (ICABR), held in Rome, June 17-19, 1999. Papers are divided among 4 sections masking: felony platforms (5 papers); monetary concerns (5 papers); biotechnology innovations (2 papers); and case experiences (2 papers)- North the US and Canada. to be had In Print

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The test for satisfying the ‘enabling description’ requirement depends on what those skilled in the art at the time of the application would be able to ascertain from the patent application specification. As a practical matter today, many, if not most, applications for gene-splicing technology, describe the invention by reference to existing public libraries of information and existing public depositories, without the submission of an actual specimen. Important to note is that the US courts can and should invalidate claims that are broader than the patent specification description.

However, most national laws are silent on the patentability of genes so that their eligibility is indeterminate until a grant has been made. Under many national systems, that can be a protracted process. Protection of Genetic Resources Use of IPR The CBD with its designation of genetic resources lying within the ‘sovereign rights of States’ has raised a number of questions regarding the mechanism by which that ‘right’ may be implemented. Some have suggested that the mere reference in the Convention prohibits the removal of genetic resources without prior informed consent.

Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that the private sector facilitates access to, joint development and transfer of technology referred to in paragraph 1 above for the benefit of both governmental institutions and the private sector of developing countries and in this regard shall abide by the obligations included in paragraphs 1, 2 and 3 above. 5. The Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this Convention, shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive of and do not run counter to its objectives.

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