Other

ECJ: organisms obtained by new mutagenesis plant breeding techniques are not exempted from the GMO Directive

Sophie ten Bosch

Today, the European Court of Justice (ECJ) has decided in case C-528/16 that organisms obtained by new mutagenesis plant breeding techniques are genetically modified organisms (GMOs) and subject to the obligations laid down in the GMO-Directive (Directive 2001/18/EC). This decision interprets the GMO-Directive in light of new plant breeding techniques such as CRISPR-Cas9. Mutagenesis is Read More

English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later patent

Marjan Noor

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim to overlapping numerical ranges. The patent at issue relates to the composition of a type Read More

General Court explains the concept of environmental law in the Aarhus Convention and annuls Commission decision on products containing genetically modified soybeans

Tine Carmeliet

On 14 March 2018, the European General Court (General Court) ruled that non-governmental organisations (NGOs) have the right to request that the European Commission (Commission) review a decision that authorises the placing of genetically modified food and feed on the market. The background to this judgment relates to a Commission’s 2015 decision in which the Read More

WP 29 releases an extensive opinion on data processing at work

Inge Vanderreken

The EU’s “Article 29 Working Party” (WP29) has adopted new guidance on the processing of personal data in the employment context (the New Opinion). This New Opinion complements their 2001 opinion and 2002 working document. WP29 is the Data Protection Working Party established by Article 29 of Directive 95/46/EC. It is an independent European advisory Read More

European Commission seeks public views on health and care in the Digital Single Market

Patricia Carmona Botana

Last week, the European Commission (EC) launched a public consultation which main purpose is to define potential policy measures on digital initiatives (i) supporting the transition from a hospital-based healthcare model to a person-centred and integrated model and (ii) contributing to the sustainability of EU Member States’ healthcare systems.  The EC considers that digital innovation Read More