Plant Variety Protection
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Plant Variety Protection
The Plant Variety Protection Act of 1970 (PVPA), 7 U.S.C. §§ 2321-2582, is an intellectual property statute in the United States. The PVPA gives breeders up to 25 years of exclusive control over new, distinct, uniform, and stable sexually reproduced or tuber propagated plant varieties. A major expression of plant breeders' rights in the United States, the PVPA grants protection similar to that available through patents, but these legal schemes differ in critical respects. The PVPA should not be confused with plant patents, which are limited to asexually reproduced plants (not including tuber propagated plants). Basic provisions The PVPA confers a limited period of legal control to breeders of sexually reproduced or tuber propagated plant varieties. In order to be eligible for a certificate under the PVPA, a plant variety must satisfy four requirements. First, it must be ''new'', in the sense that propagating or harvested material has not been sold or otherwise disposed of ...
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International Union For The Protection Of New Varieties Of Plants
The International Union for the Protection of New Varieties of Plants or UPOV (french: link=no, Union internationale pour la protection des obtentions végétales) is a treaty body (non-United Nations intergovernmental organization) with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the ''1991 Act of the UPOV Convention'' (UPOV 91), ''1978 Act of the UPOV Convention'' (UPOV 78) and ''1961 Act of the UPOV Convention with Amendments of 1972'' (UPOV 61). History UPOV was established by the International Convention for the Protection of New Varieties of Plants (UPOV 61). The convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991. The initiative for the foundation of UPOV came from European bre ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Agronomy
Agronomy is the science and technology of producing and using plants by agriculture for food, fuel, fiber, chemicals, recreation, or land conservation. Agronomy has come to include research of plant genetics, plant physiology, meteorology, and soil science. It is the application of a combination of sciences such as biology, chemistry, economics, ecology, earth science, and genetics. Professionals of agronomy are termed agronomists. Plant breeding This topic of agronomy involves selective breeding of plants to produce the best crops for various conditions. Plant breeding has increased crop yields and has improved the nutritional value of numerous crops, including corn, soybeans, and wheat. It has also resulted in the development of new types of plants. For example, a hybrid grain named triticale was produced by crossbreeding rye and wheat. Triticale contains more usable protein than does either rye or wheat. Agronomy has also been instrumental for fruit and vegetable producti ...
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Jim Chen
Jim Chen is an American legal scholar known for his expertise in constitutional law. He holds the Justin Smith Morrill Chair in Law at Michigan State University College of Law. From 2007 to 2012, he served as the dean of the University of Louisville Brandeis School of Law. Education Chen received his B.A. and M.A. from Emory University in 1987. Following his studies at the University of Iceland as a Fulbright Scholar, he earned his J.D., magna cum laude, from Harvard Law School, where he was executive editor of the ''Harvard Law Review''. Chen is fluent in Taiwanese and French, among other languages. Career After law school, Chen clerked for federal judge Michael Luttig on the U.S. Court of Appeals for the Fourth Circuit and for Justice Clarence Thomas of the U.S. Supreme Court. Chen was a professor of law at the University of Minnesota Law School from 1993 to 2007. While at Minnesota he taught in the areas of administrative law, agricultural law, constitutional law, ...
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List Of United States Federal Legislation
This is a chronological, but still incomplete, list of United States federal legislation. Congress has enacted approximately 200–600 statutes during each of its 115 biennial terms so that more than 30,000 statutes have been enacted since 1789. At the federal level in the United States, legislation (i.e., "statutes" or "statutory law") consists exclusively of Acts passed by the Congress of the United States and its predecessor, the Continental Congress, that were either signed into law by the President or passed by Congress after a presidential veto. Legislation is not the only source of regulations with the force of law. However, most executive branch and judicial branch regulations must originate in a congressional grant of power. ''See also'': Executive orders issued by the President; ''Code of Federal Regulations'' for rules issued by executive branch departments and administrative agencies; and the Federal Rules of Civil Procedure of the federal courts. Publication of the ...
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Trade Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stat ...
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Plant Patent Act Of 1930
The Plant Patent Act of 1930 (enacted on 1930-06-17 as Title III of the Smoot–Hawley Tariff, ch. 497, , codified as 35 U.S.C.br>Ch. 15 is a United States federal law spurred by the work of Luther Burbank and the nursery industry. This piece of legislation made it possible to patent new varieties of plants, excluding sexual and tuber-propagated plants (''see'' Plant Variety Protection Act of 1970). Plant patents, such aPP12 'PLUM'(April 5, 1932), were issued to Burbank posthumously. In supporting the legislation, Thomas Edison testified before Congress in support of the legislation and said, :''"This illwill, I feel sure, give us many Burbanks."'' During the congressional debates about the Plant Patent Act, some of the key issues were: what kinds of plant qualified as patentable subject matter; what exactly did a breeder have to do in order to qualify as an inventor; and what was the relationship between the act of invention and the act of reproducing the invention. These issues ...
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Plant Breeders' Rights
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years. With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others. In order to qualify for these exclusive rights, a variety must be new, distinct, uniform, and stable. A variety is: *''new'' if it has not been commercialized for more than one year in the country of protection; *''distinct'' if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.; *''uniform'' if the plant characteristics are consistent from plant to plant within the variety; *''stable'' if the plant characteristics are genetically fi ...
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Patents
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ...
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