Exclusive Rights to a Novel Food: Protecting the Innovators in Food Technology

The ongoing expansion of intellectual property law in Australia has a new twist. In 2004 the Food Regulation Standing Committee requested that Food Standards Australia New Zealand (FSANZ) consider the possible inclusion of a specific provision in the Australia New Zealand Food Standards Code allowing for the exclusive use of a Novel food. In July 2007 FSANZ recommended a new approach for the granting of exclusivity. This article discusses the opportunities.

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