JJUS00011U Plant Innovation Law - Note: the course is cancelled in summer 2017
Innovation in plant bioscience promises solutions for the most
urgent and important contemporaneous challenges: Food security,
renewable energy sources, and medicines. It is closely connected to
relevant matters of humanity survival such as environmental
protection, global warming, biodiversity, sustainable development
and economic growth.
Intellectual property rights serve the major purpose of providing incentive to innovation. Simultaneously, these also interface with other areas of law designed to protect competing public interests, such as the protection of the environment and access to health.
In Europe the subject of patentability of plants is controversial in nature. Emerging technologies bring fourth further legal interpretation interrogations and ethical debates. Simultaneously, plant varieties rights, constitute an alternative and specific form of IP protection. There are different types of overlaps in the interface between these two normative frameworks.
This course offers a comprehensive study of this area of European IP law from a variety of viewpoints from potential rights holders, stakeholders and society at large. It complements the IP law curricular offering in a subject for which there is a demand for knowledge in the market place.
The course is taught from an inter-disciplinary perspective and is open to both law students and students or professionals of any other subjects wishing to learn about the legal framework for plant innovation. The course is anchored mainly on subjects of Intellectual Property Law. However Human Rights Law and regulatory frameworks concerning plant innovation will also be addressed. Basic knowledge on IP law is desirable but not a requirement.
1 – Introduction to legal thinking from an interdisciplinary perspective
2 – Plant Varieties Rights
3 – Patents on Plants and plant materials
4 – Plant science innovation and global governance
5 – Regulatory issues and marketing strategies
6 – Exam preparation
7 – Final evaluation
- Students should be aware of the existing body of legislation
(international and national) governing the sector of plant
- Know the basic justifications and functioning of the patent system, and the systems for protection of plant varieties systems;
- Identify intersections and limits of each IPR’s (between each other and vis a vis other rights);
- Describe the procedures and scope of protection of these IPR’s;
- Explain how exceptions, exclusions and limitations to these IPR’s are interpreted in jurisprudence;
- Identify which innovations can be protected and by witch IPR;
- Differentiate between routes of protection and their respective advantages and shortcomings from a multi actor perspective;
- Identify and select relevant legal sources; select facts with legal relevance;
- Interpret and apply positive law to factual circumstances;
- Formulate legal arguments and legal reasoning;
- Discuss and identify policy issues;
- Identify legal challenges and opportunities in a work setting;
- Develop IP strategies for protection and enforcement of innovation;
- Management of IP portfolios (for non-jurists);
- Providing professional advice and aid the decision making process concerning which subject-matter can be protected by IP Law , most suited IPR’s and preferable route(s) of protection;
- Advise on due diligence and defences against infringement claims;
- Design strategies on enforcement of IPR’s.
- 7,5 ECTS
- Type of assessment
- Oral examination, 20 minutesOral exam based on synopsis, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
Summer 2017: August 28 - September 1, 2017 (preliminary dates)
Please see the 'Academic calendar' on KUnet