Frances Salisbury and Lindsey Woolley look at the complex business of patenting agricultural products in Europe.
Food safety, security and nutrition are significant issues for today’s consumers. With increasing rates of obesity on the one hand, and food security issues associated with population growth, low incomes and global climate change on the other, the public has heightened awareness of the importance of availability, traceability, and nutritional content of food.
Modified Beneforte™ broccoli and Golden Rice are just two examples of modified crop species that are approved or being tested for human use. The improvement of crop species by genetic modification or modern breeding techniques remains a significant area of innovation, so it is important to consider how these developments can be protected.
Community plant variety rights (CPVRs) are available for the protection of individual plant varieties throughout the EU, provided these meet the required standards of being distinct, uniform, stable and new. Separately, European law requires that new plant varieties are registered on the National Listing before they can be marketed. Requirements for listing are similar to the requirements for CPVR protection (distinct, uniform, stable), and where a variety is covered by a CPVR, the right holder must consent to the registration.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
plant products, food safety, community plant variety rights