Franklin Barley: Patent law and plant breeders’ rights

Rimmer, Matthew (2003) Franklin Barley: Patent law and plant breeders’ rights. Murdoch University Electronic Journal of Law, 10(4).

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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.

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ID Code: 85372
Item Type: Journal Article
Refereed: Yes
Keywords: biotechnology, constitutional law, franklin barley, GM canola, hybrid seed, law and technology, patent law, plant breeders' rights, transgenic animals, Intellectual Property and Innovation Law Research Group
ISSN: 1839-2393
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Copyright Owner: Matthew Rimmer
Deposited On: 17 Aug 2015 03:28
Last Modified: 07 Sep 2015 01:52

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