Plant Varieties

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28 May 2024   WIPO member states approve treaty addressing IP issues related to genetic resources and traditional knowledge | Agreement marks new era for IP rights and Indigenous Peoples, introducing international legal requirements for patent applicants.

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Plant Varieties
Applicants face tough scrutiny for claims around the laws of nature, but details of new processes, steps or guidance can help patents pass the courts’ two-step test, says Michael Taylor of Harness IP.
Plant Varieties
An important post-Brexit deadline for UK holders of Retained EU Plant Variety Rights is approaching, explain Alice Smart and Simon Bradbury of Appleyard Lees.
The global pandemic has increased collaboration and a new wave of disputes is likely. Arbitration is well placed to help, argue Kate Davies McGill, Gaela Gehring Flores and Paul Keller of Allen & Overy
With the significant growth of cannabinoid IP in the past few years, eyes are now on the emerging psychedelics market as the next frontier for IP protection. Gretchen Temeles of Hiller and Timothy Schlidt of Palo Santo Ventures discuss the issues.
Mexico’s updated IP laws seek to avoid the patentability of plants obtained by essentially biological processes—creating issues for plant rights owners, explains Corina Silva of Uhthoff, Gómez Vega & Uhthoff.
Tensions between public use, drug laws and regulators make IP around Cannabis a complex situation, explains Ludmila Kawakami and Ana Paula D. C. Couto of Di Blasi, Parente & Associados.
Plant Varieties
The Delhi High Court has taken the unusual step of directing the IPAB to hear an urgent matter with the help of a technical expert from the Plant Varieties Protection Authority. Vidisha Garg of Anand and Anand reports.
While registering trademarks for cannabis products at the USPTO is currently impossible, brands are applying creative solutions to the problem, says Leon Steinberg of Dennemeyer.
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13 July 2021   Actor and comedian Sacha Baron Cohen is suing a US medical cannabis company for its use of his controversial Borat character on a billboard advertisement without his authorisation.
15 June 2021   A cannabis company has asked a district court to reconsider its summary judgment motion in a lawsuit over the trademark ‘Kiva’ in light of new evidence.
10 June 2021   Companies looking to enter the booming cannabis industry should “cast a wider net” when registering trademarks, according to a virtual panel discussion.
4 June 2021   Cannabis company Capna has failed to convince a California district court judge to dismiss a trademark suit alleging it infringed a tobacco company’s cigarette marks.
18 May 2021   Patenting cannabinoids is an established practice in life sciences, but there are a host of other controlled substances in the field of psychoactives that companies have been rushing to patent.
20 April 2021   Just under a decade ago, Washington became the first state to legalise recreational cannabis, bringing with it the potential to create a legitimate business focused on the buying, selling or distribution of the drug in the US.
16 July 2020   Plant industry associations say “reason and fairness” will be needed from both growers and breeders as royalty payments mount.
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