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Franklin Barley: Patent Law and Plant Breeders' Rights
Murdoch University Electronic Journal of Law (2003)
  • Matthew Rimmer, Australian National University College of Law
This paper considers the relationship between patent law and plant breeders' rights in light of modern developments in biotechnology. It examines how a number of superior courts have sought to manage the tensions and conflicts between these competing schemes of intellectual property protection. Part 1 considers the High Court of Australia case of Grain Pool of Western Australia v the Commonwealth dealing with Franklin barley. Part 2 examines the significance of the Supreme Court of the United States decision in JEM Ag Supply Inc v Pioneer Hi-Bred International Inc with respect to utility patents and hybrid seed. Part 3 considers the Supreme Court of Canada case of Harvard College v the Commissioner of Patents dealing with the transgenic animal, oncomouse, and discusses its implications for the forthcoming appeal from the Federal Court case of Percy Schmeiser v Monsanto.
  • Patent law,
  • plant breeders' rights,
  • biotechnology,
  • constitutional law,
  • law and technology,
  • franklin barley,
  • hybrid seed,
  • GM canola,
  • transgenic animals.
Publication Date
December 1, 2003
Citation Information
Matthew Rimmer. "Franklin Barley: Patent Law and Plant Breeders' Rights" Murdoch University Electronic Journal of Law Vol. 10 Iss. 4 (2003)
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