Intellectual property protection for agricultural biotechnological inventions : a case of Malaysia

• Main Author: Ismail, Suzi Fadhilah
• Published: University of Nottingham 2011
• Subjects: 346.04; K Law (General)
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.541332

This research focuses on the current legal protection for agricultural biotechnological inventions in Europe and the U.S. It has been a subject of debate whether plants and agricultural biotechnological inventions which includes plants, transgenic plants and plant varieties, can be the subject of patent protection, in addition to or as an alternative to the protection afforded by plant variety rights. Biotechnological patents have been criticized for granting an excessive scope of protection to proprietors, whereas plant variety rights have been slighted for not providing enough protection. Hence, this research is built on a few main themes, namely; the discussion of IP protection for agricultural biotechnological inventions as currently in practice in Europe and the U.S., as well as the deliberation on the current system as practised in Malaysia. The research also discusses the issue of the interface between the patent regime and plant variety rights over agricultural biotechnological inventions as there are possible overlaps between the two systems, notwithstanding the exclusivity of protection of plant varieties under the PVR system. The research looks at the prospect for Malaysia as a developing country to enhance its current IP framework and legislation in order to develop its agricultural biotechnology industry. Hence, it focuses on whether there is a single system as a model of IP regime to be adopted by Malaysia in order to provide the best IP protection for its agricultural biotechnology industry. The comparative approach is inevitable, in referring to the European model and the American model as a guide. The relevant factors such as the different setting, society and economic strength are given due consideration in coming up with the proposal to amend the current intellectual property law and legal system in Malaysia. At the end, the thesis puts forward a model for Malaysia to further develop its system.