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PLANT VARIETY PROTECTION IN AFRICA: TOWARDS COMPLIANCE WITH THE TRIPS AGREEMENT

Published online by Cambridge University Press:  06 August 2001

Philippe Cullet
Affiliation:
International Environmental Law Research Centre, Geneva
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Plant variety protection has come to the fore in the wake of the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). TRIPS generally imposes the patentability of inventions, whether products or processes, in all fields of technology and specifically mandates the introduction of a form of legal protection on plant varieties. Article 27.3(b) thus states that member states “shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.”

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© 2001 School of Oriental and African Studies