Protection of intellectual property rights for agricultural innovations : Evaluating Bangladesh’s progression towards the international plant variety protection regime

Journal article


Zaman, Khorsed. (2021). Protection of intellectual property rights for agricultural innovations : Evaluating Bangladesh’s progression towards the international plant variety protection regime. Journal of Intellectual Property Law and Practice. 16(7), pp. 677-691. https://doi.org/10.1093/jiplp/jpaa213
AuthorsZaman, Khorsed
Abstract

The author

Khorsed Zaman is a lecturer in law at Macquarie University, Sydney, Australia.

This article

This study is a critical legal analysis of intellectual property rights on the protection of plant varieties in Bangladesh. It is one of the first few legal studies on the country’s new plant variety protection law.

Bangladesh enacted its Plant Variety Protection Act (BPVPA) in May 2019. It was the first move to protect the country’s historically diversified plant varieties and genetic resources under its international commitments as a founding member of the World Trade Organization (WTO), and Contracting Party to the Convention on Biological Diversity (CBD) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). This study examines the new law and assesses the level of farmers’ and breeders’ rights in Bangladesh in the light of TRIPS, CBD and ITPGRFA.

Article 27.3(b) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the WTO requires its members to protect plant varieties either through a patent system, or a sui generis system or a combination of the two. This article also investigates how far this sui generis law creates a balance between farmers’ and breeders’ rights and considers the public interest issues.

Year2021
JournalJournal of Intellectual Property Law and Practice
Journal citation16 (7), pp. 677-691
PublisherOxford University Press
ISSN1747-1540
Digital Object Identifier (DOI)https://doi.org/10.1093/jiplp/jpaa213
Scopus EID2-s2.0-85121219259
Page range677-691
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online20 Apr 2021
Publication process dates
Deposited02 Jun 2023
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