Technology : Commentary

Rice / © Michel de Nijs

Commentary

For a variety of reasons, intellectual property reporting in newspapers, newsletters and blogs written by non-IP professionals often contains inaccuracies and misinformation. Yet, IP professionals rarely write for an audience other than their own kind or their clients. In this section, we examine reporting – and commenting – on a variety of IP issues, technology generation, access and use, some of which are controversial topics.

The first two topics are an analysis of the "patenting of Basmati rice" and a commentary on the ETC Group communiqué about "gene grabbing" patents on climate-related plant genes.

Basmati Rice Controversy

The Basmati rice controversy erupted over a United States patent, owned by RiceTec Corp., which was titled “Basmati rice.” It was popularly viewed as a claim on all Basmati rice (see, Trade Environment Database (TED) case study and BBC article "India should tackle rice patent" , but actually claimed methods of making photoperiod-independent rice strains with characteristics similar to Basmati rice. Examples can be found in the

Commentary (coming soon)

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Patenting Climate Change

The ETC Group has recently released a communiqué charging that large, multinational agricultural companies are patenting plant genes important in combating the effects of global warming. As discussed in our commentary, the paper contains some truths, some non-truths, and lacks the necessary information to support its wide-ranging conclusions.

Commentary

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DISCLAIMER

• The information contained in the commentaries was believed to be correct at the time it was prepared. New patents and patent applications, altered status of patents, unknown facts and case law may have resulted in changes in the information provided.
• HarvestChoice does not offer legal advice. As legal advice depends upon the specific circumstances of each party, nothing provided herein should be used as a substitute for advice of competent counsel. In addition, please be aware that intellectual property law varies considerably from country to country, so some information in these pages may not be applicable to your situation. Although we make every attempt to provide current information, we cannot promise that everything on this web site is complete or up to date.
• The commentaries in this section represent the personal opinions of Carol Nottenburg and other Authors and are provided for informational purposes only. Neither Harvest Choice, Cougar Patent Law or Authors make any representations or warranties of any kind regarding the material in these posts and furthermore, will not be liable for any damages of any kind arising from the use of this section.

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