Topic: Other IP rights

Common catalogue listing not proof of plant variety rights ownership

In July 2015, a court in the city of Milan, Italy held that the Italian subsidiary of BASF failed to establish its ownership of plant variety rights in a lawsuit that BASF brought against a local company. BASF Italia S.p.A. v. Società Agricola Magnani Caterina e Magnani Lorenza, No. 8745/15 (Ct. Milan, Bus. Chamber A, …

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Guatemalan Congress repeals plant variety rights law

The Congress of the Republic of Guatemala has voted to repeal in its entirety the Law for the Protection of Plant Variety Rights that it approved less than three months ago. (see Congreso de la República aprueba de urgencia nacional derogatoria del Decreto 19-2014). When Guatemala became a signatory to the Central America-Dominican Republic Free …

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Best practices for intellectual property in international trade deals

Intellectual property (“IP”) provisions in international agreements should not be negotiated secretly, but transparently. They should not serve special interests, but the public interest. And they should not be one-sided, but fair and balanced. This can be done by adhering to the Max Planck Principles for Intellectual Property Provisions in Bilateral and Regional Agreements (the …

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Belgian court finds plant variety rights infringement

On December 3, 2012, a court in the city of Ghent, Belgium ruled that bromeliad ornamental plant varieties marketed under the names “Starlight” and “Catherine” were indistinguishable from a protected variety known as “Calypso,” and thus the marketing and sale of the Starlight and Catherine plants infringed the intellectual property rights of the Calypso variety …

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Peru: Leading the fight against biopiracy

In an interview published in the Peruvian newspaper Gestión Diario, Carlos Mazal, the Regional Director for Latin America and the Caribbean of the World Intellectual Property Organization (WIPO), stated that Peru is a leader in the fight against biopiracy. Mazal, who was in Lima to meet with several government officials, praised Peru’s intellectual property system …

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South Korea: Intellectual property powerhouse

The world economy has evolved into one that has become heavily reliant on knowledge and technology, where intangible elements of productivity like ideas and know-how are quickly superseding more traditional elements such as land, labor and capital. In today’s knowledge-based society, intellectual property (IP) rights are thought to nurture creativity and as such, are widely …

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