Exceptions and Restrictions on Breeder's Rights under the UPOV (International Convention for the Protection of New Varieties of Plants) and EU law- A Sustainable Model for Jordan
This research critically examines the legal framework governing plant variety protection (PVP) in Jordan, with a focus on aligning national legislation with international obligations and socio-economic actual needs and realities. The central discussion of this thesis revolves around the legal complexities and policy challenges of implementing an effective and equitable (PVP) regime in Jordan. It explores the intersection of intellectual property rights, biodiversity governance, and agricultural innovation through a multi-method approach that includes doctrinal legal analysis, comparative review, and policy evaluation. The study analyzes key international instruments mainly the UPOV Convention (1991), TRIPs Agreement, Convention on Biological Diversity (CBD), Nagoya Protocol, and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), and assesses their influence on Jordan’s legal system, particularly the Jordanian Plant Variety (J-PVP) Law No. 24 of 2000. The research identifies critical gaps in Jordan’s system of plant variety protection, including the mis defined scope of the farmer’s exception, vague criteria for compulsory licensing, and underdeveloped mechanisms for access and benefit-sharing. Drawing on the European Union’s Community Plant Variety Rights (EU-CPVR) system as a comparative model, the thesis highlights best legislative practices and proposes targeted reforms to enhance legal clarity, equity, and sustainability. These include amending legal provisions, establishing institutional policies, and promoting inclusive 3 benefit-sharing frameworks. Ultimately, the discussion underscores the need for targeted reforms that harmonize international compliance with national priorities, empowering local farming communities while fostering innovation and biodiversity conservation. This study can constitute a basis for re-evaluating the Jordanian legal PVP system with a comprehensive view to a balanced and policy-oriented legal system.
Exceptions and Restrictions on Breeder's Rights under the UPOV (International Convention for the Protection of New Varieties of Plants) and EU law- A Sustainable Model for Jordan - Identifier: 6828
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