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Intellectual property rights and biotechnology in agriculture; today's constraints

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Korzycka-Iwanow M.

Directions of development in biotechnology are determined to a high degree by private corporations. Intellectual property, including patents and related thereto exclusive rights, have turened into a mercantile title to innovations, applicable particularly in respect to production resources for agriculture. Presently, the content of intellectual property rights does not ensure proportional share in benefits to all those who have contributed to its creation. Expansion of intellectual property in agriculture is taking place on a variety of important fields. The State creates the possibility of formulating long-lasting monopolies, existing for 30 and more years. Other examples include the extending of patent rights beyond acceptable bounds, even in the light of the patent laws presently applicable throughout the world, and to some extent also commercial law limits are being exceeded, i.e. the so-called species patents. Specific legal solutions are imposed upon signatories of international treaties in the name of 'harmonizing' internal legal systems of countries. Instrumentation available in Poland used to protect trading in innovative solutions in agriculture should be extended to include exterritorial exhaustion of rights from patents. Assesment of legal solutions available in this field is closely connected with the values relating to moral standards, which should be carried by the applicable law.

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1 Biotechnologia

1 2000

1 Korzycka-Iwanow M.

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Intellectual property rights and biotechnology in agriculture; today's constraints