Tag Archives: Brazil

Patent Plant Variety Protection

Patents and Plant Variety: Development from Brazil


In this post, I intend to provide my views on the recent judgment of the Superior Court of Brazil (the highest Court in Brazil) dated October 9, 2019 on the overlap (or non-existence thereof) between patent law and plant variety law. Disclaimer 1. I represent Monsanto in India in ongoing litigations on related and unrelated issues. Accordingly, I will not express any views on the position in India; 2. This post is based on a rough/uncertified translation of the judgment,…


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Patent Trademark

Creative Ways of Cutting Pendency: Abandonment vs Allowance?


The BRICS block (comprising Brazil, Russia, India, China and South Africa) are a major force to contend with. For these countries are seen as potential world leaders (if not already). Along with Annalisa Primi, a stellar economist, I co-authored a paper some years ago referring to these countries as “Technologically Proficient Developing Countries” (TPDCs). And hoped that some of these countries would break out of the standard IP script (driven in large part by the developed world) and carve out…


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