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Patent Rights Tag

BananaIP Counsels > Posts tagged "Patent Rights"

Threatened Co-existence of Breeders Rights and Patent Rights

This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

This post was last published on September 1st, 2014.

 

Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders’ exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don’t provide for a breeders’ exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common practice – it refers to taking out patents for different aspects of a single innovation, forcing several royalty applications and payments.

From the very beginning Plant Variety Protection Law has contained a special provision that the breeder’s rights shall not extend to acts done for the purpose of breeding, or discovering and developing other plant varieties. It already appeared in Art. 5(3) of the 1961 UPOV Convention and can still be found in Art. 15(1)(iii) of the 1991 UPOV Convention and in Art. 15(c) of Regulation 2100/94 on Community Plant Variety Rights [1994] OJ L227/1. It speaks for itself that this rule has also been laid down in many national Plant Variety Protection regulations ever since.

Patent Infringement Analysis – Presentation by Dr. Kalyan C. Kankanala at UPES School of Law

The featured image is a screen shot of the first slide that forms part of this presentation.

This presentation is part of the 'Patent Law and Practice Program' being taught by BananaIP Team at UPES School of Law to B.tech-LLB Students. This presentation is titled "Infringement Analysis" and covers the following topics: Patent Rights Infringement and types Direct Infringement Claim Construction Claim Elements Interactive Examples Doctrine of Equivalence Lalabhai v. Chimanlal case Indirect Infringement Defenses against infringement Examples About 'The Dravidian' - Dr. Kalyan's latest legal IP thriller You may access the full presentation here: [slideshare id=81497132&doc=patentinfringementanalysis-171102083604] About Dr. Kalyan C. Kankanala Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm, BananaIP Counsels, headquartered at Bangalore, India. In addition...

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