Is there a case to be made for a global patent system? The example of plant biotechnology

Jost, Dannie; Müller, Heinz; Foltea, Marina; Cottier, Thomas (June 2012). Is there a case to be made for a global patent system? The example of plant biotechnology (NCCR Trade Working Paper 2012/12). Bern, Switzerland: NCCR Trade Regulation

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The assessment of patterns of patentability in plant biotechnology on the basis of existing statistics shows a considerable concentration of patents to a few countries, in particular the United States, Australia, Japan, China, Mexico, Brazil, Germany, Canada, New Zealand, South Korea, India, Spain and Hungary. These patterns suggest that there is a clear relationship between the choice of
patent jurisdictions and the biotechnology regulatory framework. This observation of the geographic distribution of biotechnology patents lends credence to maintaining a system of territorial rights that allow for regulatory competition, but continuing the process of substantive patent law harmonization which potentially minimize trade barriers.

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