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The book reviews the history, present, and likely future of intellectual property for plant-related inventions. It describes "what works" and "what does not work" in the current situation and analyzes whether the current intellectual property framework will be able to cope with the rise of genome editing/new breeding technologies (especially CRISPR Cas). Based on trend data, the analysis shows that the current system, including stakeholder initiatives, will most likely not be able to adapt to the technology change. It then evaluates different options for legislators to respond and proposes in detail a new holistic IP system which merges elements of the patent and the plant variety protection system into one new system.
List of contents
Introduction: Plant Innovations.- Plant Breeding and Intellectual Property - A Controversial Topic.-Part 2. The Current Legal Framework for IP on Plant Innovations (Lex lata).- Overview: Intellectual Property for Plant Innovations.- 3. The Sui Generis System of Plant Breeders Rights.- The Patent System for Plant Related Inventions.- Legislation related to (Plant) Genetic Resources.- Alternative IP Systems for Plant Innovations.- Analysis of the Status quo: Current Benefits of IPRs for Plants.- Analysis of the Status quo: Current Issues in Plant Breeders Rights.- Analysis of the Status quo: Current Issues in Patents on Plants.- Other Issues.- Issues Summary & Conclusion.- 12. Current Solutions for Issues in Plant IPR Systems.- III. The Need for Legislative Change and Related Options (Lex ferenda).- Emerging Challenges.- Potential Solutions for Future Challenges.- Option 1: Do Nothing ... and Rely on Market Forces.- Option 2: Legislative Adjustments to the Patents and PBR System.- Option 3: Abandoning Patents.- Option 4: Redesigning the IP Systems.- A New Holistic System for Plant Innovations - UPOV 2030.- Assessment of the Different Options under the Different Scenarios for the Future.- IV. Summary & Conclusions.- A Changing World for Plant Intellectual Property.- Responding to Change: An Open, Holistic IP System for Plant Innovation.- Way Forward: Towards Implementation of the Holistic IP System.
About the author
Michael Kock has been working in the field of plant-related innovation, technology transfer, and intellectual property for more than 20 years. As the head of IP for multinational companies and a member of several seed industry IP committees of industry associations, he gained extensive international strategic and operational experience to create, defend, enforce, and leverage plant-related IP rights. He currently works as a consultant and assists companies to design holistic IP, freedom-to-operate, and value capture strategies. As a qualified European and Swiss patent attorney, he regularly lectures on IP and has published multiple papers on plant IP topics in peer-reviewed law journals.
Report
"Michael Andreas Kock ... provides a comprehensive analysis of the current system of intellectual property rights on plants - its problems and limitations. What is remarkable about his work ... is the development of a vision to solve existing and future problems. ... Michael Kock is aware that the likelihood of such an initiative is currently considered low, but his contribution will certainly stimulate all those who will work on a solution in the future." (APBREBES Newsletter, Issue 54, November 10, 2022)
