IPwars.com

Mainly intellectual property (IP) issues Down Under

Plant breeder’s rights in the EU

The European Court of Justice has dismissed Ralf Schr├Ąder’s appeal from the rejection of its registration for plant breeder’s rights in plectranthus ornatus. It would seem after detailed genetic testing, including travel to South Africa, the EU regulatory authorities have determined the variety the subject of the application is not distinct from a common South African plant. IPKat has a good overview, with links to earlier stages in the dispute,.. Read More

High Court allows appeal in Health World

The High Court has unanimously allowed Health World’s appeal from the Federal Court’s ruling that it was not an “aggrieved person” and so had no standing to seek rectification of Shin Sun’s HEALTHPLUS trade mark. Shin Sun had registered HEALTH PLUS for pharmaceutical products including vitamins and dietary supplements in class 5; and Health World was using INNER HEALTH PLUS for the same type of goods and had successfully registered.. Read More

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