Plant and Animal Variety : The variety exceptions of the European Patent Organisation and the European Community assessed in relation to patentable subject matter

Abstract

The thesis discusses the legal understanding of the terms plant and animal variety in the European Patent Convention and the Patent Directive of the European Community. The thesis addresses the variety exceptions in relation to patentable subject matter on superordinate taxonomical levels and on microbiological levels. The terms are inter alia interpreted in the light of the International Convention for the Protection of New Varieties of Plants, the UPOV Convention, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the TRIPs Agreement.