Reconciling Property Rights in Plants
J. de Beer, “Reconciling Property Rights in Plants” (2005) 8(1) Journal of World Intellectual Property 5-31.
27 Pages Posted: 23 Sep 2004 Last revised: 7 Oct 2013
Date Written: 2005
This paper attempts to reconcile intellectual, common and classic property rights in molecularly engineered plants, using the case of Monsanto v. Schmeiser as an exemplar. It concludes that farmers' seed saving rights should be viewed not as socially justified exceptions to intellectual property, but as inherent in ownership of the tangible property.
Keywords: Intellectual property, tangible property, common property, agriculture, biotechnology, Monsanto, Schmeiser, farmers' privilege
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