Abstract

CARVALHO-CASTIGLIONI, Juliana Morais de; DOS-SANTOS, Nivaldo  and  AMAT-LLOMBART, Pablo. Legal Protection Plant Biological Matter, Transgenic Products, Patents, and Plant Byproducts. Opin. jurid. [online]. 2016, vol.15, n.30, pp.145-168. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v15n30a7.

The relevance of the topic addressed is based on the knowledge of the legal system on the protection of plant biological mater and plant varieties, given its importance and practical implementation in the field of agricultural and food innovation and international trade. First, the article provides scientific explanation to legal concepts and definitions about plant varieties and byproducts and transgenic organisms. Second, and based on the conventio nal international law (treaties), several legal systems on the legal protection of new varieties and plant material (European Union / Spain, with special emphasis on Brazil) are analyzed. Synchro nies and malfunction between the two potential legal systems on protection (plant byproducts title and invention patent) are also studied. Finally, the world development of requests and titles on plant byproducts is analyzed.

Keywords : property; plant byproducts; patents; transgenic organisms; legal regulation.

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