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).
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.
Impact and interest:
Citation counts are sourced monthly from and citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
|Item Type:||Journal Article|
|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|
|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|
Repository Staff Only: item control page