Plant breeders' rights for vine varieties based on the International Convention for the Protection of New Varieties of Plants
Keywords:law, plant breeders' rights, UPOV Convention, variety of vine, characteristic, distinctness, homogeneity, stability, novelty, variety denomination, biotechnology, patent
AbstractPlant breeders' rights offer an economic stimulant for the creation of new and improved varieties. Only the holder of the right is authorized to commercialize the protected variety. The UPOV Convention contains the necessary rules for the grant of protection. The following conditions must be fulfilled before plant breeders' rights can be granted: distinctness, homogeneity, stability, novelty and an acceptable variety denomination. At present is is being discussed as to how far the new developments in plant breeding, especially in biotechnology, necessitate a revision of the UPOV Convention.
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