Tensions in the Intellectual Property Law of Plants

Abstract

The intellectual property law of plants (IPLP) encompasses important geopolitical, economical, biological and ethical aspects, the interface of which creates tensions that this thesis aims to explore. Attention is first directed to the international law of plants. The legal instruments of the IPLP regime complex are reviewed and the main problems related to their implementation are outlined. The intellectual property rights for plants available in the United States and the European Union are then considered, with a special emphasize on the eligibility and limits to patent rights as interpreted by the jurisprudence. Finally, the issues of food security, traditional knowledge and farmers’ rights are discussed with a view to highlight the potential of the law to protect the relation between small stakeholders and plants.