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.
Formatted Contents Note
Part I: Introduction: Plant Innovations 1. Plant Breeding and Intellectual Property: A Controversial Topic Part II: The Current Legal Framework for IP on Plant Innovations (Lex lata) 2. Overview: Intellectual Property for Plant Innovations 3. The Sui Generis System of Plant Breeders Rights 4. The Patent System for Plant Related Inventions 5. Legislation Related to (Plant) Genetic Resources 6. Alternative IP Systems for Plant Innovations 7. Analysis of the Status Quo: Current Benefits of IPRs for Plants 8. Analysis of the Status Quo: Current Issues in Plant Breeders Rights 9. Analysis of the Status Quo: Current Issues in Patents on Plants 10. Other Issues 11. Issues: Summary and Conclusion 12. Current Solutions for Issues in Plant IPR Systems Part III: The Need for Legislative Change and Related Options (Lex ferenda) 13. Emerging Challenges 14. Potential Solutions for the Future Challenges 15. Option 1: Do Nothing 16. Option 2: Legislative Adjustments to the Patents and PBR System 17. Option 3: Abandoning Patents 18. Option 4: Redesigning the IP Systems 19. A New Holistic System for Plant Innovations: UPOV 2030 20. Assessment of the Different Options under the Different Scenarios for the Future Part IV: Summary and Conclusions 21. A Changing World for Plant Intellectual Property 22. Conclusion I: The What—an Open, Holistic IP System for Plant Innovation 23. Conclusion II: The How—Towards Implementation of the Holistic IP System