Scope of intellectual property rights in new plant varieties

Document Type : Research Paper

Authors

1 Associate Professor, Islamic and Private Law Department, University of Tehran, Iran

2 LL.M of Intellectual Property Law, University of Tehran, Iran

Abstract

Accessibility to the improved (breeded) plant varieties is vital for agricultural and horticultural industries. Providing food-security for growing population of the world, sustainable agricultural production, need for an increase in agricultural incomes, economic development and improvement are necessary for sustainable efforts in the field of plant breeding and improving. Considering the specific and complex processes, expensive and long lasting plant breeding and reproducibility and easy access to the plants’ materials of new varieties, efforts in this area will be justifiable and imaginable so that there will be an opportunity for returning the investment. Granting exclusive right to breeders (breeders’ rights) and those who are in charge is assumed to be an effective factor in enhancing investigator’s motivation; particularly investing in private sectors. In the realm of competition and free trade and commerce (free market), protection of the new plant varieties, as one of new realms of intellectual property rights has been referred to as the Patent or an effective Sui-Generis system or a combination of both these systems. In line with operation of the scientific efficiencies and competencies existing in this international field, and facilitation of access to new technology of protection of these varieties in Iranian laws, a new area has been assigned as sui-generis system (special protective system). The current essay tries to indicate and explain this special system with a special emphasis on standards on International Union for the Protection of New Varieties of Plants (UPOV).

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