Category Archives: Agricultural Law

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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3 Months in Spanish Prison for Plant Variety Rights Infringement

On July 10, 2014, a criminal court in southwestern Spain sentenced a grower of carnation flowers to three months in prison, plus a fine of € 360 EUR, for infringing plant variety rights in violation of Article 274.3 of the … Continue reading

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Guatemalan Congress Repeals Plant Variety Rights Law

Today the Congress of the Republic of Guatemala voted to repeal in its entirety the Law for the Protection of Plant Variety Rights that it approved less than three months ago. Congreso de la República aprueba de urgencia nacional derogatoria del … Continue reading

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Guatemalan Protesters Demand Repeal of Plant Variety Rights Law

In demonstrations today in Guatemala City, Guatemala, public officials and thousands of residents of indigenous communities demanded that the national legislature repeal the recently-enacted Plant Variety Rights Law. See Diputados se comprometen a derogar Ley Monsanto, Prensa Libre (2 Sept. … Continue reading

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Increased Fines for Violations of North Carolina Seed Law

In 2013, the North Carolina legislature increased the maximum fine for violations of the state’s seed law from $500 to $10,000 per violation. See N.C. Session Law 2013-345, Senate Bill 455, An act to increase penalties for violation of the seed … Continue reading

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South Africa Advertising Body Says GM Crops Ad “Unsubstantiated”

On March 17, 2014, the Advertising Standards Authority (ASA) of South Africa–a non-governmental, self-regulatory body established by the marketing communication industry–declared that a radio advertisement that touted several benefits of genetically engineered crops violated the ASA’s Code of Advertising Practice. Mariam … Continue reading

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Brazilian Court Annuls Approval to Commercialize Transgenic Corn

A federal appellate court in Porto Alegre, Brazil nullified a government commission’s approval for commercial release of the transgenic corn (maize) product known as LibertyLink. See Processo 5000629-66.2012.404.7000 (Tribunal Regional Federal da 4ª Região 13 Mar. 2014). APPROVAL OF RELEASE LEADS … Continue reading

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