Open Source im Sortenschutz- und Patentrecht

Abstract

Open source in the context of biological innovations is a fairly new phenomenon that has, so far, received little attention from a legal perspective. Open source contracts are intended to prevent the adverse effects of intellectual property rights on biodiversity and to establish seeds as a common good. Aaron Jeschor analyzes the legal and economic background of this movement, presents specific initiatives, and examines the numerous legal issues raised by this new open source practice in the realm of civil law, patent law, and plant variety protection law. The insights gained lead to a proposal for a pluralistic, inclusive intellectual property law.