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… exclusive rights exist under the 1978 Act: (1) a breeders’ exemption and (2) a farmers’ privilege. The Act also permits members to impose compulsory licences. Breeders’ exemption. This exemption in article 5(3) precludes member states from …

… taxa from indigenous, or beneficial or harmless taxa. Exemption of specific activities 52. ABS measures may also … building on current best practices, such as the breeders’ exemption, or putting in place multilateral solutions. 48 …

… laws normally provide for research exemptions. A research exemption is an exception to the exclusive rights granted by … (WIPO, 2009). The TRIPs Agreement provides for a research exemption. 8 However, this is of a permissive nature and there is no international obligation to include such exemption in national patent law. Therefore, research …

… also be sources of uncertainty, in some cases. Where an exemption is not clearly defined, the user relying on it may … of applying, or to simply rely on the possibility of exemption.314 User certainty is increased where exemptions … of policy conformance. To some extent, the scope of an exemption will of- ten depend on interpretation of primary …

… It is only limited in time. Moreover, thanks to breeders’ exemption, the variety to which the title has been granted is … favours biodiversity (ASSINSEL, 1999). Hence the breeders’ exemption was a benefit on its own and ISF is positive that … recognized in the final text of the Treaty. The breeders’ exemption is not applicable in patents, which means that new …

… of exceptions is a more restricted version of “research exemption” available under UPOV 1978. The second set of … in the 1991 Convention, which refers only to an optional exemption to the breeder’s rights (article 15.2). 78 … Breeders’ Rights and patents that include a breeders’ exemption over the material received, as these would not have …

… of the genetic resources they work with. • The breeders’ exemption in plant breeders’ rights legislation still … concepts, although the desirable extent of the breeders’ exemption has been discussed for many years now. These …

… to acts done: � privately and for non-commercial purposes (exemption for subsistence farmers); � for experimental purposes (the so-called research exemption); or � for the purpose of breeding other varieties (the so-called breeder’s exemption). 29 Since its adoption, the International …