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29 Jun 2012    Working Papers
Cottier, Thomas , Jost, Dannie , MILE 04, Marina Foltea


Is there a case to be made for a global patent system? The example of plant biotechnology

NCCR Working Paper 2012/12 by Dannie Jost, Heinz Müller, Marina Foltea & Thomas Cottier

abstract
The assessment of patterns of patentability in plant biotechnology on the basis of existing statistics shows a considerable concentration of patents to a few countries, in particular the United States, Australia, Japan, China, Mexico, Brazil, Germany, Canada, New Zealand, South Korea, India, Spain and Hungary. These patterns suggest that there is a clear relationship between the choice of
patent jurisdictions and the biotechnology regulatory framework. This observation of the geographic distribution of biotechnology patents lends credence to maintaining a system of territorial rights that allow for regulatory competition, but continuing the process of substantive patent law harmonization which potentially minimize trade barriers,

Patenting Patterns and the Regulatory Environment in Plant Genetic Resource