An Effective sui generis System for Protection of Plant Varieties According to TRIPs

Abstract

The TRIPs agreement is one of the three pillars of the World Trade Organisation (WTO) defining a minimum standard for the protection of intellectual property rights in the member countries. Pursuant to Article 27(3)b of the TRIPs agreement the member countries are obliged to provide for the protection of plant varieties either by patents or by an effective sui generis system. This article describes the minimum requirements of a sui generis system for the protection of plant varieties according to TRIPs and proposes that the International Convention for the Protection of New Varieties of Plants (UPOV Convention) can serve as a basis for a sui generis right. The article concludes with a summary of the criticism of a UPOV Convention based sui generis proprietary right.