Franklin Barley: Patent Law and Plant Breeders' Rights
Murdoch University Electronic Journal of Law, Vol. 10, No. 4, December 2003
42 Pages Posted: 14 Oct 2004
This paper considers the relationship between patent law and plant breeders' rights in light of modern developments in biotechnology. It examines how a number of superior courts have sought to manage the tensions and conflicts between these competing schemes of intellectual property protection. Part 1 considers the High Court of Australia case of Grain Pool of Western Australia v the Commonwealth dealing with Franklin barley. Part 2 examines the significance of the Supreme Court of the United States decision in JEM Ag Supply Inc v Pioneer Hi-Bred International Inc with respect to utility patents and hybrid seed. Part 3 considers the Supreme Court of Canada case of Harvard College v the Commissioner of Patents dealing with the transgenic animal, oncomouse, and discusses its implications for the forthcoming appeal from the Federal Court case of Percy Schmeiser v Monsanto.
Keywords: Patent law, plant breeders' rights, biotechnology, constitutional law, law and technology, franklin barley, hybrid seed, GM canola, transgenic animals
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