This article is republished with permission from IP Watch
By William New
Revised EPO Patent For Conventional Broccoli Has Public Interest Ramifications
To patent or not to patent, the great broccoli question
GENEVA, SWITZERLAND – A patent for a conventionally bred form of the common household vegetable broccoli appears to be on its way to acceptance by the European Patent Office following a change to the patent by the company filing it, according to sources. The decision not to revoke the patent, which has been the subject of protests and now calls for action in national courts, could clear the way for hundreds of other vegetable patents to follow, a source said.
In a rather legal format, the EPO announced on 25 October that an oral hearing in the so-called “broccoli” case had been cancelled, which observers say clears the way for approval of the patent in question. The cancellation of hearing came from the removal of objection by competing companies to the patent filer.
The move calls into question the bounds of patentability on plants and animals, after the EPO appeal board last year rejected patents on conventional breeding such as occurs in nature. The European Patent Office Enlarged Board of Appeal was asked to review the patentability of a grant on broccoli, and another patent on a tomato. The patented broccoli and tomato plants were not genetically modified, but rather simply bred conventionally as farmers have done for ages, according to sources.
Plant varieties are not patentable and are protected under a sui generis system at the International Union for the Protection of Plant Varieties (UPOV).
The board in December 2010 decided that “essentially biological processes for the production of plants (or animals)” are excluded from patentability (IPW, Biodiversity/Genetic Resources/Biotech,10 December 2010).
The broccoli and tomato cases, one patented by Plant Bioscience Ltd. (EP 1069819) and the other by the Israeli Ministry of Agriculture (EP 1211926), had been brought before the EPO’s Enlarged Board of Appeal after France-based seed cooperative Limagrain Group, Swiss biotech company Syngenta, and multinational food company Unilever filed complaints, respectively. Plant Bioscience already markets in the United Kingdom a “new variety” of broccoli made from conventional breeding methods.
Geneva, Switzerland (GenevaLunch) – Google’s latest legal faceoff, in the state of Texas, has resulted in a relatively small fine of $5 million for the search engine giant, but the ramifications of the case could be huge, reports Geneva-based IP Watch.
The company was sued in 2009 by Bedrock Computer Technologies, “a firm that has been seen as a patent troll, one that does not produce products but rather acquires patents in order to sue other companies for profit,” according to IP Watch. Google was found guilty of patent infringement “in some of its use of open-source Linux code”, a finding that could affect the millions of others who use Linux and other open-source systems.
Tech2 says the tables have now been turned and Red Hat, which supplies the code used by Google, is suing Bedrock, saying the patent is invalid.
Oracle is also suing Google for patent infringement, notes eweekeurope, while Bedrock is busy suing several companies besides Google, including Yahoo, MySpace and Amazon.
EU content being digitized
Republished with permission from IP Watch
Geneva, Switzerland (GenevaLunch) – A European Commission-backed project to identify copyright holders and define orphan works – whose copyright owners cannot be found – recently presented its results and is heading to a second phase with more partners. The project advances the European effort at digitalising content through the Europeana project, a competing project to the Google Books project.
The Accessible Registries of Rights Information and Orphan Works towards Europeana (ARROW) was created as a European network of certified sources of information to determine if a work is in print or out of print, find the rights holders or collective management organizations in order to obtain permission to digitize the work, or declare that the work is an orphan work (for which the copyright holder is unknown.)
Arrow is a public-private project coordinated by the Italian Publishers Association. It is funded half by the European Commission, and half by the contracting partners, which are both public institutions and private entities, according to Olav Stokkmo, chief executive and secretary general of the International Federation of Reproduction Rights Organizations (IFRRO), one of the contracting partners.
The key elements of the project include provision of an infrastructure of bibliographic and rights information resources with a particular focus on libraries that conduct searches for rights holders, according to Arrow’s presentation of its project results last month in Brussels. A second element is to set up a European registry of orphan works.
Republished with permission from IP Watch
By Catherine Saez
World Health Organization (WHO) members 19 January raised strong concerns that a working group they mandated last May to address problems with WHO policy on counterfeit and substandard medicines has yet to be formed – with four months remaining before it must report back to members.
One delegation called for a halt to WHO activities on anti-counterfeiting until the outcome of the working group is accepted by member states.
WHO Director General Margaret Chan told members of the WHO Executive Board today that a first meeting of a dedicated working group would be held in late February. The Board is meeting from 17-25 January.
Countries said falsified medicines were a threat for global public health but according to some delegates, the solution cannot be dominated by intellectual property rights enforcement concerns.
The UN health agency’s HIV/Aids strategy also was discussed Tuesday with a request from countries to emphasize prevention.
Geneva, Switzerland (GenevaLunch) - An empty desk in Geneva is receiving more than normal attention: that of the US ambassador, whose unwieldy title is US Permanent Representative to the United Nations and Other International Organizations. The post has been empty since January 2009 when Warren Tichenor left. Tichenor, a Texan and George W Bush appointment, may not have been a household name, but the new US ambassador could well quickly become one, thanks to sharper interest in how the US will work with other countries on several issues, many of them through international organizations based in Geneva.
This is the era of the Obama administration, with its promise of new relationships, and the period of Hillary Clinton at the helm of the US State Department, re-booting the Start talks with her Russian counterpart Sergey Lavrov in Geneva in March 2009. Obama told a group of ambassadors in Washington Wednesday 29 July that “I came into office with a strong commitment to renew American diplomacy, and to start a new era of engagement with the world. This must be a moment when we engage on the basis of mutual interest and mutual respect, so that we can build new partnerships for progress.”
Eileen Chamberlain Donahoe (image: Cisac, Stanford University)
One name being bandied about for the Geneva ambassador’s job is that of Obama fundraiser Eileen Chamberlain Donahoe. Le Temps wrote some weeks ago that she will be named, basing the information on “sources close” to President Obama, and IP Watch, an intellectual property industry newsletter, named her as the likely candidate in a 29 July article.
