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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Plant variety protection in Africa: towards compliance with the TRIPS Agreement
Author:Cullet, PhilippeISNI
Year:2001
Periodical:Journal of African Law
Volume:45
Issue:1
Pages:97-122
Language:English
Geographic term:Africa
Subjects:TRIPS Agreement
patents
biodiversity
External link:https://www.jstor.org/stable/3558970
Abstract:The obligation to introduce plant variety protection as required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) has elicited attention from African countries. After highlighting the main international treaties and policies relevant in the field of plant variety protection, the author identifies some of the initiatives taken in Africa at the regional and domestic levels towards the setting up of plant variety protection regimes. To date, the most common response has been to accept the International Convention for the Protection of New Varieties of Plants (UPOV Convention) rather than devising an alternative to monopoly rights such as patents or plant breeders' rights. Drawing lessons from India, the author argues the case for 'sui generis' plant variety protection systems in Africa. He outlines some of their main goals and the strategies which could be used by African States to provide plant variety protection as required by TRIPS under conditions which do not threaten their interests and the interests of their population. Notes, ref., sum. (p. ii).
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