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The third edition of this authoritative guide to the European Community plant variety protection system combines comprehensive explanation of the system with practical guidance on obtaining and enforcing protection.
The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
This is an article-by-article commentary on European Council Regulation No 2100/94 on Plant Variety Protection which came into force in April 1995. The text should provide breeders, growers, farmers and business lawyers with the relevant definitions and terms, and references to other Articles.
Présentation de l'éditeur : "This book is an invaluable and practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94 and how it enables European breeders to protect new varieties of plants with a tailor-made intellectual property right. It combines a comprehensive explanation of the system with clear guidance on the law in practice, including how to obtain plant variety protection and how to enforce rights to that protection. It analyses the interrelation of plant variety rights with other IP rights, and provides guidance on the appropriate form of protection, considering the strengths and weaknesses of the system. The book also features time-saving references for further information on national, Community and international plant variety protection and enforcement. Plant variety law now protects a market of almost 500 million customers, and as awareness of the advantages of Community-wide protection has grown, the volume of cases brought before the General Court (GC) and the Court of Justice of the European Union (CJEU), as well as scholarship in this area, has grown rapidly. This new edition has been fully revised and updated with all recent jurisprudence, including case law concerning the demarcation of patents and plant variety rights, function of guidelines, termination of scope of protection of protected plant variety rights in infringement proceedings including the role of the plant variety description, function of guidelines, international competence of courts dealing with CPVR infringement issues. This is the most up-to-date and authoritative guide to the world's largest system for plant variety protection, and an essential resource for practitioners in this field."
Plant Breeder's Rights Act 1994 (Australia) (2018 Edition) The Law Library presents the complete text of the Plant Breeder's Rights Act 1994 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Plant Breeder's Rights Act 1994 (Australia) (2018 Edition) - A table of contents with the page number of each section
? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.
This book is intended as a practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94. This system was introduced to enable breeders to protect in Europe new varieties of plants with a tailor-made intellectual property right. The plant breeding industry is an important sector in the European Community with an increasingly competitive atmosphere forcing breeders to protect their products and enforce their IP rights against competitors. This book provides a systematic approach to the Community plant variety protection system. The authors explain how to obtain plant variety protection and how to enforce rights to that protection. They also consider various interpretations of the provisions of the Regulation as well as the strengths and weaknesses of the system. The book covers the only existing system protecting plant breeders' interests, and will be the only comprehensive up-to-date resource on Community Plant Variety Rights.
Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.
This study examines how the European Union has used the precautionary principle in legal decisions.