News & Analysis as of

Agribusiness Intellectual Property Protection

Vorys, Sater, Seymour and Pease LLP

From Seed to Strategy: Intellectual Property Protection for Cannabis Brands

The cannabis industry has experienced consistent growth over recent years, leading to substantial investment and an increase in the industry’s commercial relevance. This momentum shows no signs of slowing down, as states...more

Jones Day

Physical Products Cannot Form Basis of an IPR

Jones Day on

On May 1, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) of U.S. Patent No. 11,140,841 in the case of Aardevo North America, LLC v. Agventure B.V. The patent in question, owned...more

Bennett Jones LLP

Q&A on Managing Intergenerational Growth in Canadian Agribusiness

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Canadian agricultural family enterprises are living legacies that anchor our local economies. From household names to community-driven farms, these businesses have deep roots in the land and the hearts of their communities....more

Morrison & Foerster LLP

Revival of the Staccato Cherry Patent: Key Considerations for Plant Variety Protection

In recent developments in a years-long conflict over Canadian-bred cherries, the District Court for the Eastern District of Washington has vacated a prior order invalidating a U.S. plant patent over the Staccato cherry tree...more

Maynard Nexsen

Patenting Microbial Products: Pitfalls, Value, and Special Concerns

Maynard Nexsen on

The use of microorganisms in human industry is ancient, but has increased markedly in recent years. The modern recognition of the role of microbial communities in the human body has intensified innovation in fields like...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Fedtrade® Podcast – Tony Davis, Australian Trade and Investment Commission on Australia/U.S. Trade

Hello, welcome to Fedtrade®. I’m James Hastings of Rothwell Figg. Joining us on the podcast today is Tony Davis, Executive General Manager, The Americas of the Australian Trade and Investment Commission (“Austrade”). Tony...more

Morrison & Foerster LLP

April 2025 Update on Regulation of New Genomic Techniques in the EU

On March 14, 2025, EU Member States agreed in the European Council on a common position to move forward with development of new rules for certain genetically modified plants generated using modern precision breeding methods...more

Smart & Biggar

Accelerating Canadian Plant Breeders’ Rights (PBR) applications with foreign Distinctness, Uniformity and Stability (DUS) test...

Smart & Biggar on

In Canada, Plant Breeders’ Rights (PBRs) provide breeders exclusive rights for up to 25 years for tree and vine varieties and 20 years for all other plant varieties, ensuring breeders can benefit from their innovations. To...more

Rothwell, Figg, Ernst & Manbeck, P.C.

CRISPR and Agriculture

Modern gene-editing technology, such as CRISPR/Cas technology, represents a ground-breaking advancement that has transformed our genetic engineering capabilities and has enormous potential for revolutionising medicine, food...more

Troutman Pepper Locke

Budding Lessons From Landmark Plant Seed Patent Battle

Troutman Pepper Locke on

The landmark legal battle over who owns the intellectual property rights in genetically modified plants is heating up. Originally published in Law360 - October 23, 2024....more

Bradley Arant Boult Cummings LLP

Cannabis & Trademarks: Protecting Your Stash

Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more

Saul Ewing LLP

Intellectual property considerations for launching new cannabis products

Saul Ewing LLP on

In part 2 of our cannabis law series “Saul Sessions," Saul Ewing partners Jonathan Havens and Brian Landry discuss emerging industry developments and common issues that cannabis businesses face today. This session covers...more

McGlinchey Stafford

Rescheduling Marijuana FAQs: Cannabis-Related Investments

McGlinchey Stafford on

On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news,...more

Bennett Jones LLP

Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

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In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind...more

Bennett Jones LLP

Cultivating Innovation in Agribusiness: The Surge of AI Patents—Part 1

Bennett Jones LLP on

This blog is part of a two-part series on patents and artificial intelligence technology in the AgTech and Agribusiness Industry. Part two, Cultivating Innovation in Agribusiness: Drafting AI Patents outlines some of the...more

Mayer Brown

Europe Daily News, 23 February 2024

Mayer Brown on

COMPETITION - Prior notification of a concentration (Case M.11405 - Ultima / BTB) - Prior notification of a concentration (Case M.11471 - Investindustrial / Fassi Holding)...more

Mayer Brown

Europe Daily News, 13 February 2024

Mayer Brown on

COMPETITION - Prior notification of a concentration (Case M.11420 - Blackstone / Vista / ADAPT2) - Non-opposition to a notified concentration (Case M.11414 - Skion / Bitburger / Avista Oil)...more

Troutman Pepper Locke

The Murky World of IP Protection for Gene-Edited Plants

Troutman Pepper Locke on

Agribusiness is currently experiencing both a technological revolution and a corresponding increase in intellectual property uncertainty and disputes. Originally published in Law360 - October 26, 2023....more

Seyfarth Shaw LLP

4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

Seyfarth Shaw LLP on

Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).  Republic amended its goods twice during prosecution of the...more

Troutman Pepper Locke

High Stakes: Eight Tips (and One Bonus) for Cannabis Professionals on the Budding World of Trademarks

Troutman Pepper Locke on

Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more

Seyfarth Shaw LLP

Indica and IP – A Series on the Intersection of Cannabis and Intellectual Property

Seyfarth Shaw LLP on

Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was...more

Vicente LLP

When Do You Need Cannabis Regulatory Counsel? A Guide for Corporate Counsel

Vicente LLP on

After the success of cannabis initiatives in the 2020 elections, more and more law firms are fielding questions from their clients about potential transactions in the cannabis industry....more

Bradley Arant Boult Cummings LLP

10 Legal Considerations When Starting a Hemp Business in Alabama

So, you want to start a hemp company in Alabama. You have your big idea and a business plan ready, but you begin to wonder whether you should be thinking about any legal issues as you get your company off the ground. That’s...more

Hogan Lovells

USPTO Alert – New guidance for registering geographic terms for meats & cheeses

Hogan Lovells on

The United States Patent & Trademark Office (USPTO) issues new guidance for trademark applications covering certain cheese and processed meat products when an applied-for mark includes geographic wording that does not...more

Seyfarth Shaw LLP

The Week in Weed: February 2020 #2

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. It was a busy week for the states, as Virginia moved towards decriminalization.  The state House and Senate passed...more

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