Topic: Other IP rights

Better industrial designs protection for designers as Singapore joins Locarno Agreement

The Locarno Agreement will enter into force, with respect to the Republic of Singapore, on March 19, 2020. Industrial designers are set to obtain greater assurance in protecting their designs in Singapore when the Locarno Agreement enters into force on 19 March 2020. With this, Singapore becomes the first in the ASEAN bloc to join the Locarno Agreement, …

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Major kiwifruit producer Zespri successfully defends IP rights

Zespri has emerged victorious in a 2018 civil action brought in New Zealand against a kiwifruit grower and their Whakatane-based company. On 14 February 2020, kiwifruit producer Zespri announced the successful result of legal action taken against a kiwifruit grower who brought the global brand’s protected plant material from New Zealand to China where it …

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EU & China pen landmark geographical indications agreement

This future agreement is likely to be one the most significant trade agreements negotiated in recent years between the European Union and the People’s Republic of China. The European Union (EU) and China have recently concluded negotiations on a bilateral agreement set to protect 100 European Geographical Indications (GI) in China and 100 Chinese GI …

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Protecting your trade secrets in the U.S. Virgin Islands

Trade secrets frequently drive the success of a business; don’t wait until there is a problem to protect them. Does your company have confidential information? What about trade secrets? The concept of owning and protecting confidential information or trade secrets may not have occurred to most businesses. Yet, if you have a client list, pricing …

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Do non-compete clauses unfairly handcuff employees?

Employers today increasingly require their employees to sign a contract promising not to compete for a period of time after they leave a firm. Employers justify these “non-compete” agreements as necessary to protect trade secrets. The protection of valuable trade secrets is a legitimate concern for many businesses, and because employees are the most likely …

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Mixed picture for plant variety protection in France, GEVE reports

The French Variety and Seed Study and Control Group (GEVES) has revealed that in 2018, 98 new applications for protection were filed with the French National Office for Plant Breeders’ Rights (INOV). This represented a return to an average figure after an exceptional year in 2017 which saw 158 applications. While applications spanned all crop …

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Belgian court issues injunction against pear grower for illegal propagation

A Belgian court has ordered a pear grower to uproot close to 4000 trees due to rights infringement. In a decision dated June 19, 2019, the President of the Antwerp Business Court, in so-called ‘accelerated proceedings on the merits’, issued an injunction against a Belgian pear grower based on the finding that the latter had infringed …

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Deal or no-deal: Post-Brexit plant breeders’ rights scenarios

The UK government has indicated that all CPVRs granted before 29 January 2019 will continue to be protected in the UK. In view of the upcoming (and unstoppable?) Brexit, the Community Plant Variety Office (CPVO) has published an announcement regarding the future of the Community Plant Variety Rights (CPVR) in the UK. The announcement reads …

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Good faith no excuse for infringement of protected mandarin orange variety

French company Nadorcott Protection SARL owns the exclusive rights to the Nadorcott mandarin variety, which originated in Morocco. The Spanish Supreme Court (“Tribunal Supremo”) recently referred a case to the EU Court of Justice (CJEU) concerning questions related to the interpretation of harvested material, provisional protection and exhaustion provisions of EU Regulation 2100/94 on Community …

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CJEU: Organisms obtained by mutagenesis are GMOs

Luxembourg: The CJEU has decided that organisms obtained by mutagenesis are GMOs and are, in principle, subject to the obligations laid down by the GMO Directive. The Court of Justice of the European Union (CJEU) has today released its judgement in a case involving a scientific process called mutagenesis, a set of techniques which make …

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