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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    Monsanto Soybean Patent Cannot Stretch To Processed Soy Meal, European Court Says

    Published on 7 July 2010 @ 5:36 pm

    By , Intellectual Property Watch

    Yesterday, the European Court of Justice ruled in a case pitching Monsanto against European importers of Argentinean soy meal, denying the US seed giant intellectual property rights over the exports of soy meal from Argentina to the European Union.

    The importers were supported by the Argentina government. After three cargo shipments to the Netherlands were detained in 2005 and 2006 and found by Monsanto to contain DNA sequence of its herbicide tolerant soy, which was not under patent in Argentina, the company applied for injunction against the importers before The Hague District Court, and “for a prohibition of infringement of the European patent in all countries in which the patent is valid,” according to the judgment.

    Monsanto holds patents on the DNA sequence of soy beans resistant to its Roundup herbicide in Europe. One of the European exporters, supported by the Argentine state, argued that the DNA present in the soy meal no longer performed its function as such. Under debate was the interpretation of Article 9 98/44/EC of the European Parliament and the Council of 6 July 1998 on the legal protection of biotechnological inventions. The Court agreed with the defendant.

    Click here to read the Court judgment (case C/428-08).

    Days before the judgment, Monsanto withdrew its legal complaint against the European soy meal importers and settled the case, according to news sources. It is unclear what impact this has on interpretations of the ruling.

    In its judgment, the Court found: “Article 9 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions is to be interpreted as not conferring patent right protection in circumstances such as those of the case in the main proceedings, in which the patented product is contained in the soy meal, where it does not perform the function for which it is patented, but did perform that function previously in the soy plant, of which the meal is a processed product, or would possibly again be able to perform that function after it had been extracted from the soy meal and inserted into the cell of a living organism.”

    Catherine Saez may be reached at csaez@ip-watch.ch.

     

    Comments

    1. H1N1 Virus : WHO set to declare end of flu pandemic – EurActiv says:

      [...] Intellectual Property Watch (blog) [...]

    2. patent litigation says:

      This ruling makes much sense. A different ruling would have facilitated a ridiculous amount of unnecessary patent litigation. Also, it seems fair, since one has to draw the patent-eligibility line somewhere. Though I suppose the anomalous treatment of genetic products could be grounds for accusations of arbitrariness.


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.