Objective
The objectives behind this project are to assess the views of the plant breeding industry in respect of: a) the review of Article 27(3)(b) of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPs) in 1999; and b) any proposal to change the nature of these rights which results from the review of Article 27(3)(b). The aim is to enable the EU to address any issues which might arise and to enable the plant breeding industry to feed into the discussions on the revision of Article 27(3)(b) at both the EU and international level. These objectives will be achieved through the use of questionnaires, interviews, a two day workshop, the publication of an interim report, a two day international conference and the publication of a final report. In particular the project will:
1) identify the intellectual property needs of the plant breeding industry and assess whether the existing provision meets these needs;
2) identify any trade obstacles which may result from the use of existing or proposed EU intellectual property legislation which in turn may affect the proper functioning of the single market;
3) assess whether existing and proposed EU legislation provides a coherent and effective EU policy in respect of plant variety protection, this will include an appraisal of the relationship between the EU and the European Patent Convention (EPC);
4) assess the practical impact and application of these provisions in plant variety protection which are new following the revision of UPOV and introduction of the Community Plant Variety Right, such as the extension of protection to essentially derived plant varieties and the revised farmers' privilege;
5) identify possible areas of conflict or confusion in the substantive provisions of existing and proposed EU intellectual property legislation most notably those relating to the definition of a plant variety, morality, essentially derived material, farmers' privilege, and compulsory cross-licensing;
6) assess national responses to EU legislation including the evaluation of national practices of all member states of the EU;
7) evaluate the actual or potential impact of these practices on research and development within the plant breeding industry and on the trade in plant material both at the local, EU and international level;
8) look at the relationship between the intellectual property law policy and practice of the EU and obligations under TRIPs and the Rio Convention on Biological Diversity;
9) consider the effect of the removal of Article 27(3)(b) TRIPs on both national intellectual property laws of member states of the EU and on EU intellectual property law policy and practice as a whole.
Fields of science (EuroSciVoc)
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques.
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques.
- agricultural sciencesagriculture, forestry, and fisheriesagricultureagronomyplant breeding
- social scienceslaw
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Call for proposal
Data not availableFunding Scheme
CSC - Cost-sharing contractsCoordinator
S10 1FL SHEFFIELD
United Kingdom