Category Archives: Intellectual Property 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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Ecuador: Change Constitution to Protect Traditional Knowledge

  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

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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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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