|Gert Würtenberger| One of the prerequisites for obtaining a Union plant variety right for a breeding result is that the variety is new. A variety will be deemed to be new if, at the date of application, variety constituents or harvested material of the variety have not been sold or otherwise disposed of to others […]
Continue readingMonthly Archives: July 2017
EPO – News rules relating to patentability of essentially biological processes
|Gert Würtenberger| After the European Patent Office (EPO) decided in December 2016 to stay the proceedings in certain biotechnology cases as a reaction to the notice of the European Commission related to certain articles in the Directive (98/44/EC) on the legal protection of biotechnical inventions the Administrative Council of the EPO decided on 29 June […]
Continue readingDecision in case C-625/15 P “Gala Schnitzer”
|Gert Würtenberger| On 8 June 2017 the Court of Justice of the European Union (CJEU) published its decision in case C-625/15 P “Gala Schnitzer”(here) on the competence of the President of the Community Plant Variety Office (CPVO). The question was whether the President has the power, following the technical examination of a candidate variety and […]
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