Tag Archives: plant breeders’ rights

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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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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Guatemalan Congress Repeals Plant Variety Rights Law

by Shawn Sullivan Posted on September 4, 2014

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

by Shawn Sullivan Posted on September 2, 2014

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

by Shawn Sullivan Posted on May 18, 2014

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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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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Spanish Plant Variety Rights Litigation Continues

by Shawn Sullivan Posted on June 5, 2013

According to news reports, an appellate court in Granada, Spain recently affirmed a lower tribunal’s denial of a request by Swiss multinational Syngenta for provisional measures against a company it claimed was infringing Syngenta’s European Community plant variety rights. Syngenta con … Continue reading →

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Plant Variety Rights Case: Court Orders Claimant to Return Seized Items

by Shawn Sullivan Posted on May 2, 2013

In an opinion issued April 25, 2013, a Dutch court in the city of Roermond found no basis for plant variety rights infringement claims brought by the Anti-Infringement Bureau for Intellectual Property Rights on Plant Material (AIB), a Brussels-based association … Continue reading →

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