Are Plant Breeder’s Rights Outdated? A Descriptive and Empirical Assessment of Plant Breeder’s Rights in Australia, 1987–2007

18 Pages Posted: 17 Aug 2009

See all articles by Jay Sanderson

Jay Sanderson

Griffith University - Griffith Law School

Date Written: 2008

Abstract

Taking the Plant Breeder’s Rights Act 1994 (CTH) as its focus, this article explores the notion that plant breeder’s rights are out-of-date and unnecessary. To do so, this article adopts both descriptive and empirical approaches to examining a number of issues including: the nature of, and investment in, Australian plant breeding; biopiracy and enforcement; legal disputes and processes; and the use of the Australian plant breeder’s rights system. This review shows that the Australian plant breeder’s rights scheme is well used, has been progressively amended and extended, and is just one element in a suite of measures geared to stimulate plant-related innovation. As a consequence, future research needs to take into account the heterogeneous character of plant breeding and complementary government initiatives, identify the many reasons why the plant breeder’s rights scheme is seen as viable (or why not) and consider the interrelationships between these elements.

Keywords: Plant Breeder’s Rights Act 1994, breeder’s rights, biopiracy enforcement, plant intellectual property, agriculture

Suggested Citation

Sanderson, Jay, Are Plant Breeder’s Rights Outdated? A Descriptive and Empirical Assessment of Plant Breeder’s Rights in Australia, 1987–2007 (2008). Melbourne Univeristy Law Review, Vol. 32, No. 3, pp. 980-1006, 2008, Griffith Socio-Legal Research Centre, Research Paper No. 09-16, Available at SSRN: https://ssrn.com/abstract=1455464

Jay Sanderson (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
45
Abstract Views
546
PlumX Metrics