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The Farm-Saved Seed in the UPOV Convention: delimitation of the exception under the earliest UPOV Ac

Autor Juan Luis Vives / Juan Antonio Vives Vallés

Editorial THOMSON/ARANZADI

The Farm-Saved Seed in the UPOV Convention: delimitation of the exception under the earliest UPOV Ac
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  • Publisher THOMSON/ARANZADI
  • ISBN13 9788413099125
  • ISBN10 8413099129
  • Type Book
  • Pages 176
  • Collection ESTUDIOS
  • Published 2020
  • Language Spanish

The Farm-Saved Seed in the UPOV Convention: delimitation of the exception under the earliest UPOV Ac

Autor Juan Luis Vives / Juan Antonio Vives Vallés

Editorial THOMSON/ARANZADI

-5% disc.    31,57€
30,00€
Save 1,58€
Not available online, but our booksellers can check its availability to give you an estimate of when we might have it ready for you.
Free shipping
Mainland Spain
FREE shipping from €19

to mainland Spain

24/48h shipping

5% discount on all books

FREE pickup at the bookstore

Come and be surprised!

Book Details

While in the Act of 1991 of the UPOV Convention the Farm-Saved Seed (FSS) is expressly codified and further developed, this provision is missing from the previous Acts. The literature argues that the FSS is admissible under the Acts of 1961 and 1978, but very little guidance is provided by the Union on its interpretation under those Acts. The current study addresses the delimitation of the scope of the FSS under the Acts of 1961 and 1978. To this purpose, the role of the main potentially applicable means of interpretation of the Convention have been thoroughly analyzed. From the results of this analysis, the scope of the FSS under the relevant Acts has been determined. The study concludes that the FSS has been expressly accepted by the Union since its very beginning, in the Diplomatic Conferences of 1957-1961. However, its scope, already under the earlier Acts, is not unlimited. Besides, a clear trend towards its restriction has been appreciated, not only between the Acts of 1991 and the previous ones,(4) but also between the means of interpretation of the Act of 1961 and those means applicable to the interpretation of the Act of 1978. The interest of these and other findings of the study is not restricted though to the interpretation of the FSS under the earlier UPOV Acts. This study may also play a key role in the interpretation of the FSS under the Act of 1991, and help to better design the future of sui generis systems for plant variety protection.