New patent possibilities emerge for natural products

New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable. According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form […]

“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material

A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity […]

The protection of plant varieties transcends borders

The importance of agriculture in the economies of countries such as Spain or those of Latin America has led to growing concerns to legally protect research and innovation in this field. In this context, protecting plant varieties is a way of ensuring and recognizing the development of new varieties, while also safeguarding the recognition of […]

Influencers, bullfighting, deepfakes, AI, biopics… the Garrigues IP Blog celebrates its first birthday, covering all the hot topics.

  It’s the first anniversary of the Garrigues IP Blog. An orbit around the sun full of new developments, trends and reflections on intellectual property, with the analysis of our professional experts on the subject. During this period we have been able to count on the unwavering support of our readers and subscribers to our […]

Vegan IP: Pineapple and apple-based textiles that are gaining ground with more and more fashion brands

The use of plant-based raw materials in the world of fashion is an increasingly upward trend that provided fertile ground for research, production and marketing of numerous inventions. All of which is reflected in intellectual property rights: the trademarks under which they are marketed and the process patents for creating these materials. The vogue for […]

Mandarins arrive in Luxembourg… the IP ‘case of the year 2020’

The NADORCOTT case (C-176/18) is one of the few matters that the Court of Justice of Justice of the European Union (TJUE) has addressed in connection with plant varieties. A little known right for many until quite recently, it commands a high level of legal sophistication and moves vast amounts of money. After almost a […]