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Registered Patents and Biotechnological Inventions (Bailiwick of Guernsey) Ordinance, 2009 (No. I of 2009).

Country/Territory
Guernsey (UK)
Document type
Regulation
Date
2009
Source
FAO, FAOLEX
Subject
Agricultural & rural development, Cultivated plants
Keyword
Intellectual property rights/patents Plant production Plant variety Biotechnology Planting material/seeds Breeders' rights/farmers' rights Access and benefit-sharing Legal proceedings/administrative proceedings Genetic resources Enforcement/compliance Offences/penalties
Geographical area
Europe, North Atlantic, Northern Europe
Abstract

This Ordinance concerns the registration and protection of patents, patentable inventions and biotechnological inventions and related matters. "Biotechnological invention" means an invention which concerns a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. "Biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. Schedule 1 further defines biological inventions, sets out principles concerning biological inventions and provides further for protection conferred by registered patents concerning biotechnological inventions. The Register of Patents shall contain, among other things, matters (including, for the avoidance of doubt, those enabling compliance with international conventions and treaties such as the Rio Convention on Biological Diversity) - (i) as may be prescribed, or (ii) as the Registrar may think fit. The Ordinance also contains special provisions concerning compulsory licences and plant breeders' rights. Where a person cannot acquire or exploit plant breeders' rights in a new variety without infringing a registered patent, he may apply to the Royal Court for a licence under the patent.

Full text
English
Website
www.guernseylegalresources.gg

References - Legislation

Implemented by

Registered Patents and Biotechnological Inventions (Derogation from Patent Protection in Respect of Biotechnological Inventions) (Bailiwick of Guernsey) Regulations, 2015 (G.S.I. No. 80 of 2015).

Legislation | Guernsey (UK) | 2015

Keyword: Intellectual property rights/patents, Plant protection, Planting material/seeds, Breeders' rights/farmers' rights, Access and benefit-sharing, Plant production

Source: FAO, FAOLEX