الفهرس 
الأصناف النباتية وطرق حمايتها
مفهوم الاصناف النباتية المهندسة وراثيًا وتميزه ا عن الأصناف الأخرىيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
With the massive and rapid development in the biotechnology field, especially genetic engineering and gene
discovery and how to segregate and control them to produce new plant types and varieties. This scientific development was accompanied by parallel legal evolution. Production of
new plant varieties through the genetic engineering gave the right to the laborers in this field to ask for rights on their inventions in the frame of systems of the intellectual
property protection, either on the international and regional
levels through the international accords or the domestic legislations and laws.
Aims of the research ( thesis ) can be summarized in four basic points:
· Analysis and study of the most important international accords related to protection of the plant varieties in general and in particular the gene engineered through terms of protection and scope of the rights related to them.
· Analysis and study of the most important international accords and treaties related to protection of plant genetic resources.
· Study and analysis of the Egyptian legislation ( the fourth book of law of protection of the intellectual property rights ) as well as the proposed modification project presented to modify this book.
· Study of the attitude of the American project from protection of the plant inventions and role of the
American Justice in this regard. We have followed the analytical approach in showing and explaining ( the thesis ) the research through analysis of the texts either on the international accords and treaties or the national legislations in Egypt or in USA aiming at reaching the rules of those accords as well as attitude of the
different legislations in treating the subject of protection of
the intellectual property rights related to the plant inventions.
According to what has been mentioned above, we have tackled the research according to the following:
1- Preliminary study: We have tackled in it definition of the intellectual property rights and their legal nature pointing out to the historical roots of the idea of protection of the intellectual property rights in general through legal regulation or a legislation that regulates these rights either on the domestic regional level or the international level.
Then, we transferred to show importance of these rights and their different sections.
After that, we concluded determination of the legal nature of these rights and what had happened about them of jurisprudential debate reaching support of most of the jurisprudence that the intellectual property rights have a
dual nature which have two sides. One of them is materialistic and the other is moral.
2- Part one: Plant varieties and ways of their protection which include three chapters.
First chapter: Concept of genetic engineered plant varieties and their distinction from the other plant varieties.
We have tackled this chapter in two consecutive studies. In the first one, we have tackled concept of the genetic engineered plant varieties through showing a quick look at definition of science of genetic engineering and genes and after that determination of concept of the plant variety produced from the genetic engineering, concluding the most important applications of the genetic engineering in plant field in general and in Egypt in particular.
Then, we have tackled in the second study subject of distinction of genetically modified plant varieties from heritage plant varieties as we knew the genetic resources and the traditional knowledge. We have also tackled the international regulation for these genetic resources through group of international instruments. The most important ones are: Convention of Biological Diversity 1992, Cartagena Protocol on Biosafety to The Convention on Biological Diversity, Bonn Guide Lines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization and The International Treaty on Plant Genetic Resources for Food and Agriculture 2001.
Second chapter: Terms of the legal protection of the genetically engineered plant varieties:
We have tackled this chapter in two consecutive studies. We have shown in the first one the objective terms represented in ( Novelty – distinctivness – uniformity –
stability ). We have also shown in the second one the modal terms represented in ( naming of the variety – legality of the source and specification ) explaining attitude of the Egyptian legislator from those terms.
Chapter three: Ways of protection of the genetically engineered plant varieties in the comparative legislations and the international treaties:
We have tackled in this chapter in two consecutive studies. We have shown in the first one the scheduled protection in the domestic and comparative legislations as we have shown the scheduled protection in the Egyptian
legislation explaining concept of the variety in which we need protection, the person who enjoys the protection, terms of granting of the protection, the legal scope for this protection and ways of this protection either on in the current legislation or in the project of the proposed amendment which has not been shown yet. Then, we have transferred to show the scheduled protection in the American legislation in Plant Patent ACT in 1930 explaining the terms that the project request according to this law.
The concept of patent owner in this legislation and the scheduled rights for it as well as concept of the plant variety which enjoys the protection according to this legislation explaining role of the American Justice in development of this concept.
We concluded showing the objective and modal terms that the American legislator requests in the plant variety in order to enjoy the protection according to this legislation.
In the second study, we have tackled the scheduled protection of the plant varieties in the international treaties as we have shown the scheduled protection in accords related to trading in the intellectual property rights which are known as (TRIPS) Agreement and principles of this agreement and its characteristics and ways of protection of the plant varieties in this agreement through one of these ways that item no. 27 of this agreement mentioned: (Plant Patent ACT – Effective Sui Generis System–mix of both systems). We concluded showing attitude of the Egyptian legislator from this agreement. After that, we transferred to showing the scheduled protection of the plant varieties in (UPOV) Agreement as we have shown the most important features of this agreement in its latest copy in 1991 referring to its copy issued in 1978 and terms of granting the protection for this plant variety and invention rights in the agreement either temporary procedural rights or the permanent rights, the conceptions and the restrictions which come at the right of the plant inventor. We concluded showing attitude of Egypt from the agreement and its commitment to join it and the effects resulted from this joining.
Part two: We have tackled this part under the title (The Rights and The commitments related to the genetically engineered plant varieties. This will be in three chapters:
Chapter one: We have shown in it rights of the inventor of the genetically engineered plant variety in the face of others either right of the commercial exploitation or the moral right explaining attitude of jurisprudence from acquisition of the inventor to moral rights on his plant variety.
Chapter two: We have shown in this chapter rights of others in the face of inventor of the plant variety in two studies. We have tackled in the first one rights of others related to the scientific research, training and education either in UPOV Agreement or the current Egyptian legislation or the proposed project and in the American legislation as well.
We have tackled in the second study the rights related to the personal use of the breeders or what it is known as the farmer’ privilege either in UPOV Agreement or in the Egyptian legislation.
Chapter three: We have tackled in this subject abuse of the breeder of the plant variety in using of his right as we have shown concept of the abuse in using of the right and how the abuse, in general, which is related to the breeder of the plant variety in the Egyptian legislation. After that, we transferred to ways of facing abuse of the variety breeder in using his rights as we have tackled the compulsory licensing as a basic way explaining the compulsory licensing and its language meaning, its term and charactristics of the compulsory licensing and the reasons which justify resorting to it and terms of issuance such this licensing either the terms related to the licensee or the terms related to the breeder. Then, we transferred to showing the second way which is the international exhaustion explaining importance of principle of the international exhaustion and how it was tackled in UPOV Agreement and the Egyptian legislation.
In the end, we have tackled the complete and partial restriction of the rights of the breeder either in UPOV Agreement or in the Egyptian Legislation. In conclusion of the research, we have shown some deductions which we have reached at the end of the research and introduced a lot of recommendations