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

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Abstract

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

Suggested Citation

Rimmer, Matthew, Franklin Barley: Patent Law and Plant Breeders' Rights. Murdoch University Electronic Journal of Law, Vol. 10, No. 4, December 2003. Available at SSRN: https://ssrn.com/abstract=603228

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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