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Plants, People and Practices
The Nature and History of the UPOV Convention

Part of Cambridge Intellectual Property and Information Law

  • Author: Jay Sanderson, University of the Sunshine Coast Law School, Australia
  • Date Published: December 2018
  • availability: Available
  • format: Paperback
  • isbn: 9781107565548

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About the Authors
  • The International Union for the Protection of New Varieties of Plants (UPOV) and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon the idea that it has an open-ended and contingent relationship with scientific, legal, technical, political, social and institutional actors, the author explores the Convention's history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s and its expanding legitimacy in relation to plant variety protection. Part II explores the Convention's key concepts and practices, including plant breeder, plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed (FSS). This book is an invaluable resource for academics, policy makers, agricultural managers and researchers in this field.

    • Provides readers with an analysis of the history and nature of the Union for the Protection of New Varieties of Plants (UPOV) Convention's key principles - plant breeder, plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed (FSS)
    • Will appeal to those interested in the UPOV Convention, plant variety rights, intellectual property, genetic resources and agriculture
    • Useful for scholars, policy makers, intellectual property and government workers, plant breeders, lawyers and NGOs
    • Avoids artificial or exaggerated controversies and criticisms over the UPOV Convention
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    Product details

    • Date Published: December 2018
    • format: Paperback
    • isbn: 9781107565548
    • length: 356 pages
    • dimensions: 230 x 150 x 18 mm
    • weight: 0.5kg
    • availability: Available
  • Table of Contents

    1. Introduction
    2. The emergence of the UPOV Convention: a new context of plant breeding and dissatisfaction with existing forms of protection
    3. UPOV's legitimacy: from members and trade to objectives, structure and norms
    4. Recognising plant breeders, protecting discoveries
    5. The proliferation, politicisation and legalisation of plant varieties
    6. Bringing order and stability to variety denomination
    7. Science isn't enough: genotypes, phenotypes and the utilitarian nature of plant variety rights schemes
    8. Expanding protected material: embedding legal language and practices in the UPOV Convention
    9. Examining and identifying essentially derived varieties: the place of science, law and cooperation
    10. Saving and exchanging seeds: licenses, levies and speculation
    11. The nature of UPOV and the UPOV Convention.

  • Author

    Jay Sanderson, University of the Sunshine Coast Law School, Australia
    Jay Sanderson is an Associate Professor in Law at the USC Law School, Australia, a member of the Australian Centre for Intellectual Property in Agriculture (ACIPA) and an adjunct with the Law Futures Centre, Griffith University Law School, Queensland. He has published widely on issues of intellectual property, plants and agri-food, and has been cited by Australia's Productivity Commission and Advisory Council on Intellectual Property. He is the co-editor of The Intellectual Property and Food Project: From Rewarding Innovation and Creation to Feeding the World (with Charles Lawson, 2013) and has contributed a chapter to Intellectual Property and Genetically Modified Organisms: A Convergence in Laws (edited by Charles Lawson and Berris Charnley, 2015).

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