Intellectual Property Protection for Plant Innovation 2017
8th International Conference
- Genome editing: the CRISPR-Cas9 technology
- Global regulatory trends of new plant breeding technologies and the industry perspective
- The IP dimension of genome editing: US and Europe
- Essentially biological processes and the products obtained therefrom - the European Commission perspective
- Developments at the EPO with regard to the protection of innovation in the plant sector
- Update from Argentina: patent examination guideline, seed law
- Update from India: cotton seed price, compulsory license, invalidation request
- Recent developments in Russia and Ukraine
- Update from the UPOV
- CPVO update: recent developments and material case-law on plant variety protection
- The issue of new features for DUS testing
- Getting your rights: damage claims under PVP
- Implementing the Nagoya Protocol: the EU ABS Regulation - the sector guidelines, quo vadis?
- ITPGRFA Update
- The interface between IP laws and biodiversity laws - the WIPO perspective
Aims and objectivesWe are proud to announce FORUM Institute's 8th Conference on Intellectual Property Protection for Plant Innovation 2017 to be held from 30 November to 1 December 2017 in the beautiful city of Amsterdam. The Conference is the biennial venue for professionals from around the world to discuss the most important IP developments in the plant innovation sector. A panel of world-class international experts, key decision makers and leading players will focus on the most topical issues affecting today's IP protection for plant innovations and answer your questions. The meeting will bring together representatives from all fields of practice and offers you the unique opportunity to meet practitioners. Mark your calendar to join us end of November 2017 for the 8th Conference on Intellectual Property Protection for Plant Innovation in Amsterdam!
Who should attend?
- Head Counsel or Manager of Patent Department
- Head Counsel or Manager of Legal Department
- Head Counsel or Manager of IP Department
- Patent Attorney or Attorney-at-Law
- Intellectual Property Consultant
- Company Legal Advisor
- R&D, Innovation and Product Development Manager
Detailed programme1st day: 09:00 - 18:30
2nd day: 08:30 - 16:15
09:10 - 09:30
09:30 - 10:00
10:00 - 10:45
- How CRISPR-Cas9 works
- Challenges and opportunities for the application of genome editing in agricultural biotechnology
10:45 - 11:15
11:15 - 11:35
11:35 - 11:55
11:55 - 12:35
- The complexity of a global landscape (interference, split ownership etc.)
- The breadth and scope of claims: Article 8 98/44 vs. 271g
- Manoeuvring through a minefield?
12:35 - 13:05
13:05 - 14:05
14:05 - 14:35
14:35 - 15:05
15:05 - 15:35
- Ensuring legal certainty at the interfaces of IP and ABS
- Key questions on patent disclosure requirements for GRs
- Integrated management of IP and ABS: contractual aspects
15:35 - 16:05
16:05 - 16:35
16:35 - 17:05
17:05 - 17:35
- Patent examination guideline
- Seed law
17:35 - 17:55
17:55 - 18:25
- Cotton seed price
- Compulsory license
- Invalidation request
18:25 - 19:00
09:15 - 09:45
09:45 - 10:15
- Recent developments at the Community Plant Variety Office
- Material case-law on Plant Variety Protection
10:15 - 10:45
10:45 - 11:15
- Scope of discretionary powers vested in the President of the CPVO’
- Additional characteristic not (yet) mentioned in the relevant technical protocol
- Object of plant variety protection and relevance of plant varieties descriptions
11:15 - 11:45
- Reasonable Compensation, Art. 94(1) CPVR Regulation
- Further Damages, Art. 94(2) CPVR Regulation
- Punitive Damages
- Infringer Chain
11:45 - 12:15
12:15 - 13:15
13:15 - 13:45
- Commission Notice
- 'Solution package‘'
- Next steps
13:45 - 14:15
- Amendment of EPC Rules concerning patentability of plants and animals obtained from essentially biological processes
- Implementation of the changes
- EPO - CPVO cooperation
14:15 - 14:55
14:55 - 15:25
15:25 - 16:00
Michael is Global Head IP - Seed and Biotechnology with Syngenta International AG. Prior to this, he was Senior IP Counsel with BASF AG responsible for plant biotechnology and China IP matters. He studied chemistry, biochemistry and molecular biology in Hamburg, Germany, and Nanjing, China, and graduated with a Diploma in chemistry and has a Ph.D. in molecular biology. Michael Kock is also a qualified European Patent Attorney.
Jean-Christophe Gouache serves as Corporate Vice President International Affairs of Limagrain (France). Before that, he was CEO of Limagrain Vegetable Seeds (2007-2014), CEO of Limagrain Field Seeds (2004-2007) and Corporate Vice-President Scientific Affairs (1998-2004). He has been a member of Limagrain's Executive Committee since 1998. During his 35 years with Limagrain, Jean-Christophe Gouache started as a corn breeder, and later was the COO of Limagrain's corn and soybean business in the USA in the mid of 90's, where he lived for 8 years. Jean-Christophe Gouache is a member of several professional organizations. He is President of the International Seed Federation (ISF). He is also a board member of ESA (European Seed Association). He is Vice-President of the Economic, Ethical and Social Committee (CEES) of the French High Council for Biotechnologies (HCB). Jean-Christophe Gouache graduated in 1978 from the National Agronomic Institute in Paris, France.
Dr. Shakeel Thomas Bhatti is the Counsellor responsible for technical work on intellectual property and genetic resources in the World Intellectual Property Organization (WIPO) at the United Nations in Geneva. Before returning to WIPO in 2016, he was the first Secretary of the International Treaty on Plant Genetic Resources for Food and Agriculture at the FAO for almost ten years. Before establishing the International Treaty's legal architecture, including the Multilateral System of Access and Benefit-sharing, Shakeel Bhatti was Head of the Genetic Resources, Biotechnology and Associated Traditional Knowledge Section at WIPO. He is responsible for WIPO’s work on intellectual property law in relation to genetic resources, biodiversity, traditional knowledge and biotechnology. He represented the WIPO in the CBD, FAO, UNEP, WHO and WTO, in negotiations which led to the CBD Nagoya Protocol, the FAO International Treaty and the CBD Biosafety Protocol. He was a member of the Expert Group on Rights to Plant Genetic Resources and Traditional Knowledge at the World Trade Institute and the Social Science Research Council Expert Group on Intellectual Property Rights and Cultural Flows.
Javad Mozafari Hashjin is the Vice-Chairperson of the Governing Body of the International Treaty on Planet Genetic Resources for Food and Agriculture and the Co-Chair of the Treaty's Working Group to Enhance the Functioning of the Multi-Lateral System. He is also a Professor of Plant Biotechnology and Director General for Academic Relations and International Affairs in the Iranian Agricultural Research, Education and Extension Organization. In his more than 30 years career, he has worked on plant genetics and biotechnology; genetic resources management, policy & law; seed systems development; DNA barcoding of horticultural plant, virus free seed & plant technologies. He has also chaired the Governing Body of the International Treaty, UN-FAO Commission on Genetic Resources for Food and Agriculture, and many international working groups, committees and events.
Mr. Peter Button was appointed Vice Secretary-General of UPOV on December 1, 2010, having previously held the role of Technical Director at UPOV since 2000. Mr. Button, a national of the United Kingdom, holds a B.Sc. Honors degree in Biological Sciences. From 1981 to 1987 he worked for Twyford Seeds Ltd., a plant breeding company in the United Kingdom, on the development of new cereal varieties. Between 1987and 1994 he was the General Manager of Twygen Ltd., a company which developed micropropagation systems for the commercial production of seed potatoes and soft fruit stocks and continued as General Manager, following the change of ownership, of GenTech Propagation Ltd. in1994. In 1996, Mr. Button joined the British Society of Plant Breeders as Technical Liaison Manager, where his responsibilities included the operation of officially licensed variety trials. In 1998, he became Technical Liaison Officer for the United Kingdom Ministry of Agriculture, Fisheries and Food (Plant Variety and Seeds Division), where he was responsible for the operation of the tests and trials associated with the United Kingdom Plant Breeders’ Rights and National List schemes and Seed Certification in England and Wales and was the United Kingdom representative in the UPOV Technical Committee.
Martin Ekvad has been recently appointed as President of the Community Plant Variety Office. Prior to his appointment, he has been CPVO's Head of Legal Affairs. Before taking up his post at the CPVO, Martin Ekvad has worked as a lawyer in the law firm Linklaters in Brussels and the law firm Magnusson Wahlin Advokatbyrå in Stockholm. While working as a lawyer he specialized in intellectual property law, competition law and EU law and provided clients with legal advice as well as litigating.
Heli Pihlajamaa, Director Patent Law, EPO Munich, studied Law at Helsinki University and at Max Planck Institute in Munich. Heli acts as legal member in opposition cases and advises EPO higher management on policy issues and legal amendments. She is responsible for supporting the EPO policy by developing, strengthening and promoting the EPC, including proposals for legal changes, compliance of operations with patent law-related norms and case law. Before joining the EPO she worked in both the private and public sectors. She has written books and articles on patent law in Finnish and is fluent in English, German, Swedish, Finnish and French.
Jean-Luc Gal has been seconded to the European Commission - DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH) - by the European Patent Office as April 2013 onwards. Jean-Luc is in charge of some patent issues within the Industrial Property Unit (such as among others implementation of the European patents with unitary effect, patentability of biotechnological inventions). Previously, Jean-Luc had been acting as the Head of the Liaison Office of the European Patent Office (EPO Brussels Bureau). His main activity was to liaise with the European Union institutions and the NGOs based in Brussels on all the questions relating to patents (particular EU Patent, biotechnological inventions and computer-implemented inventions) but also in connection with research, innovation and IP cooperation with EU and non EU Countries. Over the period 2000-2004, Jean-Luc was a national expert seconded by the French National Office of Industrial Property (INPI) to the European Community (DG Internal Market/Industrial Property Unit) and to the French Permanent Representation in Brussels. He was in charge of the follow-up to Directive 98/44 'legal protection of the biotechnological inventions'(implementation of the Directive by the Member States and preparation report provided for in the directive) and of international negotiations in patent law. Prior to 2000, Mr. Gal was INPI's administrator for multilateral affairs in the Community and International Law Department. He also practised as an attorney at law specialized in business law in mid 90s. Mr. Gal holds the attorney's diploma of the Paris bar. He is also qualified with a special degree in European law (Brussels) and a master in intellectual property law (Paris). Mr. Gal has written several articles on various issues such as European and community patents, computer-implemented inventions, legal protection of biotechnological inventions within the European Union as well as on biodiversity issues related to pa
Thomas Greiber is Head of Division at the German Federal Agency for Nature Conservation which is the competent national authority for the Nagoya Protocol. It is tasked with, inter alia, risk-based controls of German users of genetic resources as well as handling, analysis and further development of legal issues and strategies concerning the national, European and international enforcement of the Nagoya Protocol. Prior to joining the agency, Thomas was a senior legal officer with the International Union for the Conservation of Nature (IUCN). He has co-edited and co-authored IUCN's explanatory guide to the Nagoya Protocol. Thomas holds a law degree from the University of Cologne Law School and a Master of Laws in International Environmental Law from the George Washington University in Washington D.C.
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Dr. Bernice Slutsky joined ASTA in 2006 to work on issues involving emerging technologies, intellectual property rights, and international regulation and trade. She is also Chair of the plant breeding innovation working group at the International Seed Federation. Prior to ASTA she served as Senior Advisor for Biotechnology in the Office of the Secretary, coordinating USDA policies and activities in agricultural biotechnology. Previously, Bernice served as Assistant Vice President, International Regulatory Affairs at the Pharmaceutical Research and Manufacturers of America (PhRMA) in a regulatory advocacy position, and before that as the Biotechnology Coordinator of International Trade Policy at the USDA Foreign Agriculture Service. She earned her doctoral degree in biology from the University of Iowa.
Szonja is Hungarian and holds a degree in law from ELTE Budapest University, an MA in French and European Law from Panthéon-Assas University (Paris) and an LL.M. in IP and Competition Law from the University of Liège (Belgium). Before joining ESA she worked at the Budapest office of the law firm Gide Loyrette Nouel and at the European Commission. In 2009 she became ESA’s Manager Intellectual Property and Legal Affairs. Within ESA she is primarily responsible for issues related to intellectual property protection and plant genetic resources and also handles all seed legislation related legal questions. She represents ESA towards relevant international organizations, European Institutions as well as the Community Plant Variety Office.
Dominic Muyldermans is an independent lawyer since August 2011 with a focus on regulatory issues and issues of intellectual property in the area of green biotechnology. In his capacity as independent lawyer he is working as Senior Legal Consultant IGO Affairs for CropLife International since then. He is responsible for following up on access and benefit sharing and intellectual property related to plant biotech.
Dr. Kan Wang is currently a Professor in the Department of Agronomy, Director of the Center for Plant Transformation, and Co-Director of the Crop Bioengineering Consortium at Iowa State University. Dr. Wang is regarded as one of the pioneers in understanding the mechanism of DNA transfer from Agrobacterium to plants, a fundamental knowledge that became the corner stone of building tools for plant genetic transformation. She spent 7 years at ICI seeds (now Syngenta) as a project leader in genetic transformation of corn and soybean. In 1996, Dr. Wang came to Iowa State University and established the first public crop transformation facility, which provides genetic transformation services of corn, soybean, and rice for the research communities. Her current research interests include exploring novel plant genetic transformation and genome editing technologies, and investigating the functional roles of Agrobacterium non-coding RNAs. Dr. Wang was the winner of 2015 Iowa Women of Innovation Awards for Research Innovation and Leadership for her soybean transformation method. This invention also earned her 2017 Iowa State University Award for Achievement in Intellectual Property. At AIPLA's 2016 spring meeting, Dr. Wang was invited to speak on the panel on international IP and regulatory considerations for GMOs.
Jacob S. Sherkow is an Associate Professor of Law and affiliated faculty at the Innovation Center for Law and Technology at New York Law School, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Prof. Sherkow also currently serves as a community representative on the New York Genome Center’s Institutional Biosafety Committee, and has advised a committee of France’s National Assembly on issues concerning the patenting of biotechnological research tools. Previously, Prof. Sherkow was a Fellow in the Center for Law and the Biosciences at Stanford Law School and a patent litigator at Gibson, Dunn & Crutcher in New York. He also holds an M.A. in biotechnology from Columbia University and a B.Sc. from McGill University, where he majored in molecular biology and English literature. In addition to his legal training, Prof. Sherkow has several years of experience as a research scientist in molecular biology and is a certified Editor in the Life Sciences (BELS).
Edwin Hecker is Managing Partners at Schuttelaar & Partners. Next to that he is involved in the more strategic and complex projects within S&P. One of these projects is the New Breeding Techniques platform, of which S&P holds the secretariat and Edwin is Chairman. Edwin graduated in Industrial Engineering and Animal breeding from the University of Wageningen and completed NIMA B (Marketing). In 1987 he joined the Ministry of Agriculture and worked at several posts on animal welfare, hormone legislation and veterinary guarantee systems. In 1997 he was appointed Chairman of the Codex Committee on Food Additives and Contaminants till 2003. Edwin was appointed as Deputy Director of the Department of Veterinary and Food Affairs in 2000 where one of his task was to manage several crises, like Foot and Mouth Disease, Swine Fever and Dioxine. In 2003 he was appointed as director of the Minister’s Office and built his contacts with members of the Dutch and European Parliament. Edwin is member of the Groupe de Bruges.
Malathi has more than 30 years of experience in the field of biochemistry and Molecular Biology with an expertise in plant genomics, DNA fingerprinting and genetic transformation. She has more than 100 publications to her credit in various International and Indian journals. Prior to joining the firm, she served as the Head, Centre for Bioresource & Biotechnology Division in The Energy and Resource Institute (TERI) for a period of 17 years. At present, she serves as a Director and heads the life science group at the IP division of the firm. She is a registered patent agent and has been actively engaged in preparing, filing and prosecuting of patent applications, both in India and abroad. She mainly works on pharmaceutical, chemical and biotechnological patent applications. She advises clients on plant variety protection and registration. She is actively involved in the area of Biodiversity and Traditional knowledge.
Martín Bensadon joined Marval, O’Farrell & Mairal in 1991 and has been a partner of the firm since 1998. He specializes in industrial property and more particularly in patent law. Martin has advised several national and foreign firms in the ag-biotech sector where he obtained the first preliminary injunction granted in Argentina. Nowadays, he is deeply involved in advising clients on prosecution and enforcement issues related to the recently enacted Argentine biotech directive. He graduated as a lawyer from the Universidad de Buenos Aires in 1991 and obtained a Master in Laws at the University of Illinois at Urbana-Champaign in 1996. In the same year he also worked as a foreign associate in the law firm of Wilmer, Cutler & Pickering. He has participated in seminars on industrial property and has written two books on Argentine Patent Law as well as various articles on subjects related to his area of specialty in national and international publications. He has been a postgraduate Professor on Patents at the Universidad Católica Argentina, the Universidad de Palermo, the Universidad Austral and the Universidad de San Andrés. He was a Guest Researcher of the Max Planck Institute for Intellectual Property, Competition and Tax Law and at The George Washington University Law School. At present he is a member of the Asociación Argentina de Agentes de la Propiedad Industrial; the Asociación Interamericana para la Protección de la Propiedad Industrial; the Association Internationale pour la Protection de la Propriété Industrielle (AIPPI), where he currently holds the position of the president of the Argentine group; the Fédération Internationale des Conseils en Propriété Industrielle (FICPI); American Intellectual Property Law Association (AIPLA) and the Colegio de Abogados de la Ciudad de Buenos Aires.
Gert Würtenberger is a specialist in the fields of trademark registration and infringement litigation, patent infringement litigation, plant variety protection, negotiating licenses in relation to all kinds of IPR and EU Law, as well as antitrust law problems related to these fields. He is the author of the leading German commentary on national and European plant variety protection and is the initiator and co-author of the book European Community Plant Variety Protection. Dr. Würtenberger currently serves as the Chairman of the Süddeutsche Schiedsgericht für Saatgut - und Sortenschutzstreitigkeiten [Southern German Arbitration Court for Seed and Plant Variety Protection] and as Chairman of the GRUR-Fachausschusses für den Schutz von Pflanzenzüchtungen [German Association for IP, Special Committee for the Protection of Plant Varieties]. In September 2014 Gert Würtenberger was elected President GRUR, the German Association for the Protection of IP Law & Practice, Berlin (Germany).
Dr. Klaus von Gierke is a partner and head of the Hamburg office of Norton Rose Fulbright. He has a particular industry focus on the area of life sciences, including the foodstuff, seed, biotechnology, agricultural and soft commodities sector. Apart from his broad experience in IP litigation (in particular in the area of plant variety and seed law) before the German courts and the Court of Justice of the European Union, his area of experience covers a broad variety of corporate law aspects, including cross-border M&A and restructurings. He advises numerous foreign, in particular US, UK and Scandinavian seed, agricultural and food companies in relation to investments, co-operations and de-investments in Germany. Klaus is co-author of the most recent and comprehensive German commentary on national and European plant variety law which has been published in 2016. He studied in Freiburg, Geneva and New Orleans. He was called to the Hamburg Bar in 1984 and to the New York Bar in 1982. Klaus is also a German qualified certified specialist for corporate and commercial law.
Dr. Nicolai von Füner, partner of the firm von Füner Ebbinghaus Finck Hano, studied chemistry at Ludwig-Maximilians-Universität in Munich and received his doctorate in chemistry in 1994. He is German and European Patent Attorney and licensed as a representative before the European Trademark Office and before the European Patent Office. His main fields of activity are application, nullity / appeal and infringement proceedings with respect to Russian and Eurasian patents in the field of chemistry as well as with respect to national patents of other successor states of the Soviet Union (Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Turkmenistan, Tajikistan, Ukraine, Uzbekistan,) and countries of Middle and Eastern Europe (particularly Croatia, Bosnia-Herzegovina, Czech Republic, Slovak Republic).
Dr. Hendrik Wichmann is a German and European patent attorney with more than 20 years expertise in the field of IP law. He is a partner at Wuesthoff & Wuesthoff in Munich and is president of the committee for biotechnology at the German chamber of patent attorneys.
Renaissance Amsterdam HotelKattengat 1
NL 1012 Amsterdam
Telefon: +31 20 62 12 223
Fax: +31 20 62 75 245
- 'Good update on IP issues related to plants.' (Breeder) - 'You get a specialised update hard to get elsewhere and meet interesting/useful people.' (Patent Attorney) - 'Interesting for breeders.' (Market Access and Compliance Manager) - 'Quality of speakers and peers.' (Attorney-at-law) - 'Comprehensive and provides up to date info.' (Patent Attorney) - 'Generally broadened my understanding and specifically raised some issues in my own company.' (CEO) - 'Professional level of speakers, good organisation.' (General Manager) - 'Good collection of topics. Good and unique.' (Senior Patent Counsel) - 'Professional and targetted. Focused and specialist quality conference.' (CEO) - 'Well spent two days in getting up to speed.' (Legal Counsel)
Pharma/Chemistry: EPO Case Law Update
The most important published and unpublished decisions of the EPO Boards of Appeal in the field of pharmaceuticals and chemistry will be presented.
16.11.2017 in Amsterdam
US Patent Applications for European Practitioners
This practical course centers around an interactive case study that provides participants with a hands-on analysis of US patent law in comparison to European Law. Special attention will be paid to US practice in the post-AIA world.
15.11.2017 in Amsterdam
FTO in Practice: Life Sciences & Pharmaceuticals
Many life sciences and pharmaceutical companies (especially generics companies) are forced to operate in a patent jungle which is set to become denser in the years to come.
05.12.2017 in Amsterdam
FTO in Practice: Engineering, Material Science & High Tech
Our experienced speakers will help you to be prepared for FTO challenges when your company or your client wants to introduce new products or enhance existing ones. They will discuss with you best practices for setting up time and cost sensitive FTO searches and drafting effective FTO opinions.
05.12.2017 in Amsterdam
Masterclass: EPO Oral ProceedingsHeidelberg Pre-Christmas Course 2017
This course will lead participants through all essential steps in preparing for Oral Proceedings. The first part of the day is devoted to the patent granting procedure and opposition. The second part will prepare you for a better presentation before the Boards of Appeal. The day will be completed with case studies and role simulations guided by our excellent speakers.
30.11. - 01.12.2017 in Heidelberg