Herbicide in UK Law

Leading Cases
  • Wormell v R.HM Agriculture (East) Ltd
    • Court of Appeal (Civil Division)
    • 21 May 1987
    ... ... oats in wheat and barley", and describes it as a weedkiller; it gives its contents, and says that it is "for use only as an agricultural herbicide". There are instructions on both the sides and on the back of the canister; they go into considerable detail on many points, and I do not need to ... ...
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Legislation
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Books & Journal Articles
  • United States Supreme Court Affirms Plant Patentee's Rights
    • No. 8-10, 2013
    • Journal of Intellectual Property Law & Practice
    • 745-747
    ...Legal context and factsMonsanto invented a genetic modification that enabled soybean plants to survive exposure to glyphosate. Monsanto's herbicide, Roundup, like many others, contained that active ingredient. It markets soybean seed containing this altered genetic material as Roundup Ready seed ... ...
  • Anything but Tired: the Doctrine of Exhaustion in Canada
    • No. 10-11, 2015
    • Journal of Intellectual Property Law & Practice
    • 801-802
    ... ... The Supreme Court of Canada decision in Monsanto Canada Inc. v Schmeiser [2004] 1 S.C.R. 902 (concerning the cultivation of herbicide resistant canola containing patented genes and cells) is said to be a rejection of patent exhaustion (see de Beer, J. and Tomkowicz R, n 2 supra at ... ...
  • Safe and Sound: Cjeu Confirms a Safener Can Be an Active Ingredient Too
    • No. 9-10, 2014
    • Journal of Intellectual Property Law & Practice
    • 800-801
    ... ... The referral concerns the question of whether a ‘safener’—a substance contained in a plant protection product which improves herbicide selectivity for weeds by protecting crop plants from the toxic effect of the herbicide—falls within the scope of the terms ‘product’ and ... ...
  • Soya Thought Your Patent Had Been Infringed?
    • No. 3-2, 2008
    • Journal of Intellectual Property Law & Practice
    • 74-75
    ... ... FactsMonsanto is the proprietor of patent EP(UK) 0546090 relating to enzymes which, if expressed by a plant, confer resistance to Round Up herbicide. The defendants purchased soya beans in Argentina (where there was no patent protection), the beans being grown from seed carrying one of the genes ... ...
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Law Firm Commentaries
  • EPA Decision Regarding Glyphosate And Cancer
    • Mondaq UK
    ...On April 30, 2019 the Environmental Protection Agency issued a press release regarding the ability of the herbicide glyphosate to cause cancer in humans. In its release, the EPA stated that glyphosate "does not pose a carcinogenic hazard to humans." Its decision is ... ...
  • Putting ‘Broccoli' Into Practice
    • Mondaq UK
    ...In T 915/10, the Examining Division considered the following claim: ... "A method for producing a soybean plant tolerant to glyphosate herbicide comprising introducing into the genome of said plant event MON89788." ... The Examining Division held that the claim included as an implicit ... ...
  • Biotech patents - Cutting the scope of protection
    • Mondaq United Kingdom
    ... ... This DNA sequence makes soybean plants resistant to the Roundup Ready herbicide, allowing farmers to use high levels of herbicide to produce greater yields ... The patent covers DNA sequences encoding a class of enzyme ... ...
  • ECJ Offers Further Guidance On Compulsory Insurance Regime
    • Mondaq UK
    ... ... The case involved an employee of a vineyard spraying herbicide. A tractor was stationary nearby and left with the engine running, powering the spray device used to administer the herbicide. A landslip occurred, ... ...
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