Category Archives: Biotechnology Law

Ecuador: Change Constitution to Protect Traditional Knowledge

by Shawn Sullivan Posted on September 8, 2014

  Ecuador’s national government has proposed to amend the country’s constitution to provide special protections against the misappropriation of traditional knowledge and biological diversity. Propuesta de enmiendas constitucionales sobre la protección de los Saberes Ancestrales y la Biodiversidad del Ecuador, Secretaría … Continue reading →

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Australian Full Federal Court Upholds Myriad Gene Patent

by Shawn Sullivan Posted on September 5, 2014

Today, in D’Arcy v Myriad Genetics Inc [2014] FCAFC 115, the Full Court of the Federal Court of Australia upheld the validity of Myriad Genetics’s Australian patent on methods and materials relating to the human  gene known as BRCA1. THE BRCA1 GENE. … Continue reading →

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South Africa Advertising Body Says GM Crops Ad “Unsubstantiated”

by Shawn Sullivan Posted on March 27, 2014

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

by Shawn Sullivan Posted on March 27, 2014

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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Ecuadorian IP Institute Registers Traditional Knowledge of Indigenous Community

by Shawn Sullivan Posted on March 21, 2014

Yesterday, at a conference at its offices in Guayaquil, the Ecuadorian Intellectual Property Institute (IEPI) presented its 2013 annual report. IEPI, 2013 Informe de Rendición de Cuentas. As noted in an article published in the newspaper El Comercio, IEPI has been … Continue reading →

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Chilean Government Pulls Proposed Revision of Plant Variety Rights Law

by Shawn Sullivan Posted on March 18, 2014

Yesterday, after years of controversy, the government of newly re-installed Chilean President Michelle Bachelet withdrew a proposal to revise Chile’s plant variety rights law. The proposed modification was first introduced in January 2009, when Bachelet was serving her first term … Continue reading →

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Indian IP Board Upholds Rejection of Plant Stress Tolerance Patent

by Shawn Sullivan Posted on August 21, 2013

On July 5, 2013, the Indian Intellectual Property Appellate Board affirmed a decision of the national patent office to deny Monsanto Company’s application for a patent covering “a method of producing a transgenic plant, with increasing heat tolerance, salt tolerance or … Continue reading →

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US Supreme Ct: Naturally Occurring DNA is Unpatentable Product of Nature

by Shawn Sullivan Posted on June 13, 2013

Today, the U.S. Supreme Court ruled that naturally occurring DNA is a product of nature and, as such, is not patentable. Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013). However, according to the Court, … Continue reading →

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Australian Federal Court Upholds Human Gene Patent

by Shawn Sullivan Posted on February 28, 2013

A judge of the Federal Court of Australia held that naturally-occurring DNA and RNA sequences isolated from the human body may be patented under Australian law. Cancer Voices Australia v. Myriad Genetics Inc. [2013] FCA 65 (Austr. Fed. Ct. Feb. 15, … Continue reading →

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India Seeks Comment on Examination of Biotech Patent Applications

by Shawn Sullivan Posted on January 7, 2013

India’s Controller General of Patents, Designs & Trade Marks has published draft “Guidelines on Biotechnology [Patent] Applications,”and is seeking public comment on the proposed guidelines. Comments or suggestions may be sent to the Controller General by e-mail (a.chakaraborti@nic.in). The deadline … Continue reading →

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