Category Archives: Intellectual Property Law

Malaysia Passes Access to Biological Resources and Benefit Sharing Bill

by Shawn Sullivan Posted on August 8, 2017

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

by Shawn Sullivan Posted on May 4, 2017

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

by Shawn Sullivan Posted on May 31, 2016

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

by Shawn Sullivan Posted on May 12, 2016

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

by Shawn Sullivan Posted on May 10, 2016

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

by Shawn Sullivan Posted on October 11, 2015

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

by Shawn Sullivan Posted on September 9, 2014

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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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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