This essay deals with the uneasy case of exhaustion of patent rights in biotechnological materials and, in particular, in genetically modified seeds. To what extent sales of seeds prevents growers to use second generation seeds? Is this a restriction inherent to intelellectual property protection or is a contractual effect from seed-wrap licenses? What is the legal treatment at comparative level for such agreements and for the regulatory effect they have on trade? Through a comparison between U.S. law and European Union law, this work aims at shading new light on the process of competition among legal systems in fields related to innovation and research.
Alcune riflessioni comparative sul principio di esaurimento dei brevetti sui semi modificati geneticamente e tecniche contrattuali di gestione
GRANIERI, MASSIMILIANO
2014-01-01
Abstract
This essay deals with the uneasy case of exhaustion of patent rights in biotechnological materials and, in particular, in genetically modified seeds. To what extent sales of seeds prevents growers to use second generation seeds? Is this a restriction inherent to intelellectual property protection or is a contractual effect from seed-wrap licenses? What is the legal treatment at comparative level for such agreements and for the regulatory effect they have on trade? Through a comparison between U.S. law and European Union law, this work aims at shading new light on the process of competition among legal systems in fields related to innovation and research.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
