Legal Protection Plant Biological Matter, Transgenic Products, Patents, and Plant Byproducts
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Abstract
The relevance of the topic addressed is based on the knowledge of the legal system on the protection of plant biological mater and plant varieties, given its importance and practical implementation in the field of agricultural and food innovation and international trade. First, the article provides scientific explanation to legal concepts and definitions about plant varieties and byproducts and transgenic organisms. Second, and based on the conventional international law (treaties), several legal systems on the legal protection of new varieties and plant material (European Union/Spain, with special emphasis on Brazil) are analyzed. Synchronies and malfunction between the two potential legal systems on protection (plant byproducts title and invention patent) are also studied. Finally, the world development of requests and titles on plant byproducts is analyzed.
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