Genetically modified plants enjoy IP protection under patent and plant breeders’ rights, as well as other statutory provisions, and are additionally affected by legislation in certain cases.
Genetically modified (GM) plants enjoy intellectual property protection under patent and plant breeders’ rights (PBR), as well as other statutory provisions, and are additionally affected by legislation in cases where the plants are associated with an indigenous source or traditional knowledge. The interrelationships between the respective statutory and IP rights and obligations are investigated below, with specific reference to GM plants and other organisms (GMOs).
Plant Breeders’ Rights Act 1976
New plant varieties produced through biological processes are protected exclusively in terms of the PBR Act. However, GM plants of unspecified varieties could additionally be subject to patent protection, as they are not strictly new varieties of plants that are produced through biological processes.
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Genetic modification, IP rights, GMOs, PBR Act, GMO Act, Monsanto