Document Type
Article
Publication Date
2004
Publication Citation
6 Minnesota Journal of Law, Science & Technology 305 (2004)
Abstract
A new hierarchy of intellectual property protection for plant innovation is emerging. Utility patent protection is poised to become the dominant intellectual property mechanism for plants in the U.S. and perhaps elsewhere. Plant breeder's rights systems continue to garner a dedicated following, especially in developing countries, as a means for complying with international intellectual property treaty obligations. But while utility patent and plant breeder's rights regimes have come to occupy the first tier of the intellectual property hierarchy for plants, other forms of intellectual property protection remain important, albeit in a supplemental role. This article surveys supplemental intellectual property strategies for plants in three areas: trade secrets (Section II); trademarks and unfair competition (Section III); and post-sale license restrictions (Section IV).
Recommended Citation
Janis, Mark D., "Supplemental Forms of Intellectual Property Protection for Plants" (2004). Articles by Maurer Faculty. 407.
https://www.repository.law.indiana.edu/facpub/407
Included in
Agricultural Science Commons, Intellectual Property Law Commons, Plant Breeding and Genetics Commons