List of Figures and Tables
15
List of Acronyms and Abbreviations
23
Definitions of Central Terms
25
i. Background of the Research
31
ii. Research Objectives
44
iii. Methodology and Structure
47
Trajectory of Developments in Plant Innovation and
A. Trajectory of Developments in Plant Innovation
51
i. The Key Characteristics of Plant Innovation
52
ii. Paradigm of Phenotype
55
iii. Paradigm Shift from Phenotype to Genotype
58
iv. Molecular Breeding Era
61
v. Nanoscale Breeding and Plants as Genetic Datasets
70
B. Trajectory of Developments in IP Protection
73
i. Institutional Shifts in Plant Breeding
73
ii. Advent of Plant Variety Protection
78
iii. Advent of Patent Protection
84
Existing IP Law Framework for Plant Innovation
A. Key Differences between Plant Variety Protection and Patent Protection
87
i. Farmers as User–innovators and Farm–saved Seed Exemption
91
ii. Comparative Analysis of Farm–saved Seed Exemption
98
iii. Breeder’s Exemption and Essentially Derived Variety
108
B. Intellectual Property Protection for Plant Innovation: Comparative Analysis
112
ii. Modified Approach
119
iii. Minimum Standards Provided by TRIPs
121
C. Trends in Intellectual Property Protection for Plant Innovation
125
i. Trends in Patent Protection
125
ii. Trends in UPOV Model Plant Variety Protection
134
D. Empirical Analysis of the Incentive Effects of IP Protection
140
i. Incentive Effects on Agricultural Productivity Growth, Private Investment and R&D
141
ii. Incentive Effects on Foreign Direct Investment and Trade
155
Key Legal Challenges and Responses
A. Patent Law: Doctrinal Difficulties and Fluxes in the Formulations
163
i. Reconfiguration of the Invention
169
ii. Revisiting ‘Products of Nature’ Doctrine in the Biotech Era
173
iii. Distinguishing the ‘Essentially’ Biological Process in the Biotech Era
182
iv. Preion for the Product of Nature Doctrine: isolating and replicating natural to produce ‘unnatural’
188
v. Anything Under the Sun Made by Man that is ‘Markedly Different’
194
B. Co–Existence of PVP System and Patent Protection
202
i. Distinction between overlapping protection and premise of mutual exclusiveness
202
ii. De facto Overlaps between Patent and Plant Variety Protection Systems
206