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Intellectual Property Protection for Plant Related Innovation

Fit for Future?

  • Book
  • © 2022

Overview

  • Analysis the potential impact of new breeding technologies like CRISPR Cas on plant breeders and farmers
  • Shows that there is an urgent need for legislators to respond to the intellectual property law framework
  • Advocates a new protection system intended to replace plant variety + plant-related patent protection with a uniform law

Part of the book series: Law for Professionals (LP)

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About this book

The book reviews the history, present, and likely future of intellectual property for plant-related inventions. It describes “what works” and “what does not work” in the current situation and analyzes whether the current intellectual property framework will be able to cope with the rise of genome editing/new breeding technologies (especially CRISPR Cas). Based on trend data, the analysis shows that the current system, including stakeholder initiatives, will most likely not be able to adapt to the technology change. It then evaluates different options for legislators to respond and proposes in detail a new holistic IP system which merges elements of the patent and the plant variety protection system into one new system.

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Keywords

Table of contents (23 chapters)

  1. Introduction: Plant Innovations

  2. The Current Legal Framework for IP on Plant Innovations (Lex lata)

  3. The Need for Legislative Change and Related Options (Lex ferenda)

Reviews

“Michael Andreas Kock … provides a comprehensive analysis of the current system of intellectual property rights on plants - its problems and limitations. What is remarkable about his work … is the development of a vision to solve existing and future problems. … Michael Kock is aware that the likelihood of such an initiative is currently considered low, but his contribution will certainly stimulate all those who will work on a solution in the future.” (APBREBES Newsletter, Issue 54, November 10, 2022)

Authors and Affiliations

  • dr. kock consulting, Basel, Switzerland

    Michael Andreas Kock

About the author

Michael Kock has been working in the field of plant-related innovation, technology transfer, and intellectual property for more than 20 years. As the head of IP for multinational companies and a member of several seed industry IP committees of industry associations, he gained extensive international strategic and operational experience to create, defend, enforce, and leverage plant-related IP rights. He currently works as a consultant and assists companies to design holistic IP, freedom-to-operate, and value capture strategies. As a qualified European and Swiss patent attorney, he regularly lectures on IP and has published multiple papers on plant IP topics in peer-reviewed law journals.




Bibliographic Information

  • Book Title: Intellectual Property Protection for Plant Related Innovation

  • Book Subtitle: Fit for Future?

  • Authors: Michael Andreas Kock

  • Series Title: Law for Professionals

  • DOI: https://doi.org/10.1007/978-3-031-06297-1

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

  • Hardcover ISBN: 978-3-031-06296-4Published: 14 August 2022

  • Softcover ISBN: 978-3-031-06299-5Published: 15 August 2023

  • eBook ISBN: 978-3-031-06297-1Published: 12 August 2022

  • Series ISSN: 2662-141X

  • Series E-ISSN: 2662-1428

  • Edition Number: 1

  • Number of Pages: XVIII, 381

  • Number of Illustrations: 12 illustrations in colour

  • Topics: IT Law, Media Law, Intellectual Property, Biotechnology, Agriculture, Food Science

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