Author Archives: Shawn Sullivan

Malaysia Passes Access to Biological Resources and Benefit Sharing Bill

Last week, the House of Representatives (Dewan Rakyat) in Malaysia’s Parliament passed the Access to Biological Resources and Benefit Sharing Bill 2017. The bill implements the provisions of the Convention on Biological Diversity regarding the granting of access to genetic resources that … Continue reading

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Louisiana Seeks Fed Help to Get Generic Hep C Drugs

Louisiana’s Secretary of Health, Dr. Rebekah Gee, is attempting to persuade politicians to support the use of 28 USC § 1498, a federal statute that allows the federal government intentionally to infringe patents, to arrange for production of Gilead Sciences’s … Continue reading

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Court Refuses Interim Order in Strawberry Licensing Case

A U.S. district judge has refused to enter a temporary restraining order (TRO) against the University of California, Davis in litigation contesting the university’s alleged refusal to transfer or license strawberry germplasm developed in a university plant breeding program. California … Continue reading

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Prison Term for PVP Infringement by Alleged Wheat Bandit

On 14 April 2016, a criminal court in the Spanish city of Segovia sentenced an individual to a six month prison term for infringing the plant variety protection (PVP) rights of Limagrain Europe SA in the soft wheat variety known as … Continue reading

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UC Davis Sued Over Alleged Refusal to License Strawberry Germplasm

On May 2, 2016, California Berry Cultivars, LLC (CBC) sued the University of California, Davis for breach of contract, conversion, breach of fiduciary duty, and unfair competition in connection with the flagship agricultural university’s management of strawberry varieties developed by its scientists. Verified … Continue reading

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Common Catalogue Listing not Proof of Plant Variety Rights Ownership

In July 2015, a court in the city of Milan, Italy held that the Italian subsidiary of BASF failed to establish its ownership of plant variety rights in a lawsuit that BASF brought against a local company. BASF Italia S.p.A. … Continue reading

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Canadian Supreme Court: Claimants May Seek to Enforce Ecuadorian Judgment against Chevron in Ontario

On 4 September 2015, Canada’s highest court dismissed arguments by US petrochemical company Chevron that Canadian courts cannot hear proceedings to enforce the US$ 9.51 billion judgment of an Ecuadorian court against it. Chevron Corp. v. Yaiguaje, 2015 SCC 42. The … Continue reading

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Criminal Convictions in Salmonella Case

A U.S. federal jury convicted three former food company executives of several crimes relating to a 2008-09 outbreak of Salmonella infections resulting from the production and distribution of adulterated peanut butter. See Verdict Form, United States of America v. Parnell, No.  1:13-CR-12 (M.D. Ga. … Continue reading

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