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Plant Varieties

BananaIP Counsels > Plant Varieties

How Wise is it to TRIP Over Food?

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

 

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

Threatened Co-existence of Breeders Rights and Patent Rights

This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

This post was last published on September 1st, 2014.

 

Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders’ exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don’t provide for a breeders’ exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common practice – it refers to taking out patents for different aspects of a single innovation, forcing several royalty applications and payments.

From the very beginning Plant Variety Protection Law has contained a special provision that the breeder’s rights shall not extend to acts done for the purpose of breeding, or discovering and developing other plant varieties. It already appeared in Art. 5(3) of the 1961 UPOV Convention and can still be found in Art. 15(1)(iii) of the 1991 UPOV Convention and in Art. 15(c) of Regulation 2100/94 on Community Plant Variety Rights [1994] OJ L227/1. It speaks for itself that this rule has also been laid down in many national Plant Variety Protection regulations ever since.

Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement  International Patent News, Brazil cotton farmers sue Bayer and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading...

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India on USTR Watch List, Delhi High Court Allows Export of Patented Drugs for Research, Pepsi Offers to Settle with Potato Farmers, and more

  “Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. QUOTE OF THE WEEK  “Patents are basically rights to try and develop a commercial product.”– Craig Venter, American biotechnologist and businessman. INDIAN PATENT...

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Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

The featured image shows a cotton plant. This image has been used in the context as the article relates to a patent infringement suit between Monsanto and Nuziveedu seeds involving Bt cotton. To read more, click here.

On January 8th, 2019, the Supreme Court of India, in the matter of Monsanto Technology LLC v. Nuziveedu Seeds Ltd.[1] held that genetically modified cotton seeds were patentable, and allowed the U.S. based company Monsanto, to file their patent claims. The bench, comprising of Justice Rohinton Fali Nariman and Justice Navin Sinha, set aside the order of the Division Bench of the Delhi High Court, which had held such claims to be inapplicable in India. The Single Judge of the High Court had granted an interim injunction against any sale of Bt cotton seeds using the patent of Mahyco Monsanto...

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Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)

The featured image shows a DNA strand. To read more click here.

Citation: Nuziveedu Seeds Ltd. and Ors. Vs. Monsanto Technology LLC and Ors., MANU/DE/1388/2018. Brief Facts Monsanto (Monsanto Technology LLC.) holds an Indian Patent (Patent No. 214436, hereinafter referred to as "BT Patent") with respect to gene sequences and methods for inserting such gene sequences into plant cells to express Bacillus thuringiensis (BT) Delta-endotoxin to provide Bollworm resistance in plants. The final granted patent had two sets of claims: one set claiming the isolated, purified and modified gene sequences, and the second set claiming methods of inserting the gene sequences into plant cells. Claims with respect to transgenic plants, hybrid varieties and seeds...

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Patents, Startups, Innovations, IPO updates, Automated patent grants, Interesting Patents and Designs, Qualcomm’s fresh lawsuit, Xiaomi and Nokia patent sharing deal, Patent tip of the week and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patents, Startups, Innovations, IPO updates, Automated patent grants, Interesting Patents and Designs, Qualcomm’s fresh lawsuit against Apple, Xiaomi and Nokia patent sharing deal, USPTO’s new director, India – Israel partnership, plant varieties, Patent tip of the week and more weekly news updates,  presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent Quote of the week “Patent owners should invest the necessary time and money in preparing and prosecuting patents with greater clarity, so that 10 years from now there will be confidence that those patents will survive any challenges and be examples of high-quality patents.”...

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Patent stats, Industrial designs, Startup innovations, Latest Patent Decisions, Intellectual Property Exchange and NRDC, FTC versus Qualcomm, Computer-related Inventions guidelines, Monsanto, Patent Tip, ISR – PCT and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patent stats, Industrial designs, Startup innovations, Latest Patent Decisions, FTC versus Qualcomm, Computer-related Inventions guidelines, Monsanto, Patent Tip, International Search Report - PCT and more weekly news updates,  presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent Quote of the week "The art of obtaining a patent is in the language of the draft.” Nisha Kurian, Managing Associate – Patent Portfolio, BananaIP Counsels Patent Stats from the Indian Patent Office Early publications and ordinary publications of patent applications are abysmally low this week. While early publications have decreased by 26.09%, ordinary publications have decreased by 25.27%....

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Patent stats, Industrial designs, Interesting Patents, Startup innovations, PortBOTS, Patent seminars, conferences, conclaves, Apple versus Qualcomm, Pharma patents, PPVFR, Patent Tip and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Amazon’s drone towers, HCL Technologies – parking patents, Interesting Patents, Startup innovations, PortBOTS, Patent seminars, conferences, conclaves, Apple versus Qualcomm, Pharma patents, PPVFR, Patent Tip and more,  presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent Quote of the week “The good patent gives the world something it did not truly have before, whereas the bad patent has the effect of trying to take away from the world something which it effectively already had.” Giles Sutherland Rich, 1978 60 JPOS 271,288, cited in CIPA Guide to the Patents Act, page 83 and Gaster/Marlow, CRi 1/2009 pages...

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Facebook and Toyota Interesting patents, Startups, Innovations, Intel and Qualcomm, Bridgestone, patent infringement updates, Patent Tips, Mobile App patents and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Facebook Patents, Toyota’s autonomous car, IIT-B’s interesting designs, Startups, Innovations, Bridgestone patent infringement, Sony patents, Intel, Qualcomm and Microsoft, USPTO, Michelle Lee, Patenting Mobile Applications and more,  presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent Quote of the week Kodak actually invented the digital camera that ultimately put it out of business? Kodak had the patents and a head start, but ignored all that. Peter Diamandis, founder and chairman of the X Prize Foundation. Patent Stats from the Indian Patent Office Overall activity by the Patent office in terms of publications and grants appear to have...

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