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Agricultural Sector Intellectual Property Protection

Jones Day

Physical Products Cannot Form Basis of an IPR

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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

Smart & Biggar

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

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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

Bergeson & Campbell, P.C.

Council of the EU Agrees on Negotiating Mandate on Plants Obtained by New Genomic Techniques

The Council of the European Union (EU) announced on March 14, 2025, that the Committee of the Permanent Representatives of the Governments of the Member States to the EU (Coreper) endorsed the Council’s negotiating mandate on...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

Morrison & Foerster LLP

Updates in Uruguay – Accession to the PCT and Announcement of a New GMO Regulatory Framework

Earlier this year, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent...more

Bennett Jones LLP

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural...

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On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office (WIPO) announced that member states, including Canada, had agreed to a new Treaty on Intellectual Property, Genetic Resources and...more

Bennett Jones LLP

Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

Bennett Jones LLP on

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

Morrison & Foerster LLP

Preparing for Investment (and Success) as an Early-Stage Alternative Protein Business

Our last two alerts in this series covered key considerations for early-stage companies in the alternative protein industry and provided an overview of financing in the alternative protein industry. This alert follows those...more

Morrison & Foerster LLP

Comment on Morphing U.S. Biotechnology Regulations

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The U.S. Department of Agriculture (USDA) and U.S. Patent and Trademark Office (USPTO) have recently opened requests for stakeholder engagement regarding biotechnology regulatory frameworks. These requests provide the...more

MoFo Life Sciences

IP Implications Of USDA Research Collaborations

MoFo Life Sciences on

Many stakeholders in the AgTech industry are interested in collaborating with or obtaining funding from the United States Department of Agriculture (USDA), but are unsure what implications such collaborations may have on...more

Blake, Cassels & Graydon LLP

Mise en œuvre de l’ACEUM : Survol des changements propres à certaines industries

L’Accord Canada-États-Unis-Mexique (l’« ACEUM ») entrera en vigueur le 1er juillet 2020 et remplacera l’Accord de libre-échange nord-américain (l’« ALENA »), qui a été en vigueur pendant 26 ans. Connu sous le nom de « USMCA »...more

Blake, Cassels & Graydon LLP

CUSMA Implementation: Overview of Industry-Specific Changes

The Canada-United States-Mexico Agreement (CUSMA) will come into force on July 1, 2020, replacing the 26-year-old North American Free Trade Agreement (NAFTA). Known as USMCA in the United States, and T-MEC in Mexico, CUSMA...more

Bradley Arant Boult Cummings LLP

Trade Agreements and COVID-19: A Changing Relationship

Since the start of this year, trade relations with China, previously marked by an escalating trade war, have reached a major inflection point. Recently, on March 12, the U.S. reacted to the growing COVID-19 pandemic by...more

Dorsey & Whitney LLP

U.S.-China Phase One Trade Deal: A Recap

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After months of anticipation, President Donald Trump signed an interim “Phase One” trade agreement (“the Agreement”) with Chinese Vice Premier Liu He at the White House on January 15, 2020. Under the Agreement reached after...more

White & Case LLP

United States and China Sign "Phase One" Trade Agreement; USTR Implements Tariff Reduction for "List 4A" Goods

White & Case LLP on

On January 15, 2020, President Trump and Chinese Vice Premier Liu He signed "Phase One" of an Economic and Trade Agreement between the United States and China. The Phase One Agreement, which the two sides announced in...more

Dorsey & Whitney LLP

Year-End Trade Deals Offer Hope for U.S. Business in 2020

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December 2019 has yielded some potentially significant relief to U.S. businesses and agricultural producers that may improve the terms of trade in 2020 after a prolonged period of increasing and damaging friction in...more

King & Spalding

United States And China Reach "Phase One" Trade Agreement

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The United States and China reached “a Phase One trade deal that requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture,...more

White and Williams LLP

US-Mexico-Canada Agreement Advantages Over NAFTA Relating To Intellectual Property, Agriculture and Automotive Manufacturing

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Passage of the United States-Mexico-Canada Agreement (USMCA) has recently been characterized by the media as a political issue, with President Trump pushing for a vote by year’s end and House Speaker Nancy Pelosi not...more

Foley & Lardner LLP

Plant Variety Protection Act Now Covers Asexually Reproduced Plants

Foley & Lardner LLP on

The 2018 Farm Bill included changes to the Plant Variety Protection Act (PVPA) that extends the availability of protection to asexually reproduced plants. Previously, asexually reproduced plants could not receive protection...more

Ward and Smith, P.A.

USDA Accepting Plant Variety Protection Applications for Hemp

Ward and Smith, P.A. on

Last week, the U.S. Department of Agriculture ("USDA") announced that it will accept plant variety protection applications from breeders of seed-propagated hemp. This is a major step forward for the industry and will allow...more

White & Case LLP

United States Releases Annual Assessment of Foreign Trade Barriers

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On March 29, 2019, the Office of the United States Trade Representative (USTR) published its annual National Trade Estimate (NTE) Report on Foreign Trade Barriers, which "highlights significant foreign barriers to U.S....more

Sheppard Mullin Richter & Hampton LLP

The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition, the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game...more

Husch Blackwell LLP

Significant Changes To Agricultural Improvement Act Of 2018 – Plant Variety Protection Act Amended

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Last month the Farm Bill 2018 (Agricultural Improvement Protection Act of 2018) was signed by President Trump. Section 10108 of that bill contains the Plant Variety Protection Act, which now has been amended to include...more

Orrick, Herrington & Sutcliffe LLP

New United States-Mexico-Canada Agreement

On November 30, 2018 the United States, Mexico, and Canada formally signed the new cross-border trading agreement known as the United States-Mexico-Canada Agreement (the "USMCA"), ending almost two years of economic...more

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