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Family and Colleagues Mourn David Austin Snr.

December 18, Albrighton - The Austin family has announced the passing of David C.H. Austin, the founder of David Austin Roses Ltd. The famed garden rose breeder and the green industry veteran, David Snr. died peacefully at his home in Shropshire aged 92. For over 75 years David's dedication to roses brought fragrance and beauty to gardens all over the world. In the course of his extraordinary career, he bred more than 200 English Roses unwavering in his pursuit of an ever more beautiful rose. Today, his legacy includes one of the largest rose breeding programs in the world that brought David and his company multiple awards and international recognition. He is remembered once saying: "There

New US Farm Bill extends PVPA to Asexually Reproduced Plant Varieties

December 12, Washington, D.C. - the long-anticipated $867 billion US Farm Bill (Agriculture Improvement Act of 2018) has been passed by the US Congress. The law provides for a broad set of measures for agriculture and beyond, including a major amendment to the US Plant Variety Protection Act (PVPA), which will henceforth extend the US Plant Variety Protection to asexually reproduced plant varieties. It is an important step, specifically in respect of Essentially Derived Varieties - the concept that is absent from the US Plant Patent provisions. Once breeders in the US are able to protect their novelties by PVP titles, the varieties essentially derived from their protected varieties will fal

Patent Twist & Turns: EPO BoA Deems Plants Obtained by Essentially Biological Processes Patentable

December 5, Munich - In a recent decision regarding a pepper plant application, the EPO Board of Appeal held that Rule 28 (2) EPC was in conflict with Article 53 (b) of the European Patent Convention (EPC), hence reinforcing the interpretation provided by the Enlarged Board of Appeal in cases G 2/12 and G 2/13 (Broccoli II and Tomato II) in 2015. Read the background story. The present case relates to the European Patent Application (EP 2753168) for a pepper plant with improved nutritional value filed by Syngenta Participations AG. The application was initially rejected by the Examining Division in accordance with the amended Rule 28 (2) EPC. The Examining Division argued that “only the Board

ABS Consultation Forum: Most Commercial Plant Varieties Out of Regulation Scope

December 11, Brussels – at the latest meeting of the ABS consultation forum, the Commission revealed a draft document on “Commercial Plant Varieties under the EU ABS Regulation”. Although officially still a “discussion paper with no legal standing”, the document establishes clear rules for the application of the EU ABS Regulation to commercial plant varieties relieving the developers of the majority of such varieties from the due diligence obligations under the Regulation. Photo: Ravi Roshan, Unsplash.com According to the document, only use of wild plant material covered by the Nagoya Protocol is considered an act of “utilization” and, therefore, gives rise to due diligence obligations. Any

Barley Plant Patent Upheld in EU Opposition Proceedings

October 2, Munich - the European Patent Office ("EPO") upheld the European patent EP 2 384 110 of Carlsberg Breweries A/S and Heineken Supply Chain B.V., relating to a barley plant with reduced lipoxygenase (LOX) activity and beverage prepared therefrom, having an increased flavour stability. The barley plants have been obtained from a process comprising a step of chemical mutagenesis. Chemical mutagenesis is a form of mutagenesis, resulting in random modifications of the genome of the plant (as opposed to targeted mutation or 'gene editing' methods, such as CRISPR/Cas). Photo: Photo by Ruslan Zh on Unsplash Over the past years, there has been uncertainty in the EU about the patentability of

Canada: Road to Plant Breeders’ Rights for Cannabis

ABSTRACT: While medicinal marijuana has been legal in Canada for some time, recreational marijuana has only recently been legalized. In this article, we discuss the ways in which the new Cannabis regime may affect the Canadian Plant Breeders’ Rights system. More specifically, we review the process of applying for Plant Breeders’ Rights and identify certain aspects of the process that may differ for Cannabis breeders due to the restrictions in the Cannabis legislation. We also examine other considerations for plant breeders once protection for their plant varieties has been granted. Given that the Cannabis regime is so new, many details relating to Plant Breeders’ Rights practice for Cannabis

USMCA, CPTPP Establish Framework for Mexico's Accession to UPOV'91

November 30, Buenos Aires - On the fringes of the G20 Summit held in Argentina, the US, Mexico, and Canada officially signed a new trilateral trade agreement, known as the USMCA. The Agreement is supposed to replace and “modernize” NAFTA that has been in force in 1994. Photo: by Jorge Aguilar on Unsplash Regardless of whether the USMCA will be a hit or a miss to the signatory states, the wording of the Agreement represents a victory for PBR in Mexico. Article 20.7 (2) obliges Mexico to accede to the Act 1991 of UPOV “by the date of entry into force of this Agreement”. The USMCA further establishes tougher penalties for IP infringements and broadens competences of the law enforcement as to a

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