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Protecting Plant Innovation: Hemp, CBD & Plant IP Laws Under The 2018 Farm Bill

(647 reviews)

Produced on May 07, 2019

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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

Technological advances increasingly find application in agriculture. From new varieties obtained through improved or genetically enhanced breeding techniques, to “smart” and AI-enhanced farming, intellectual property issues have closely tracked these developments. The United States has more forms of legal protection for plant-related inventions than any other country.

This program will provide an executive summary overview of the core concepts in protecting plant IP (accessible to all audiences) and include an update on the 2018 Farm Bill, which significantly expanded IP protection possibilities and included key changes impacting the Hemp and CBD industries. The course will also review important recent patent caselaw, and best practices to ensure IP protection is not inadvertently lost through common business practices in the product development process. Finally, the presenters will discuss how the ever-expanding legal cannabis industry is interfacing with the complex strata of laws and regulations affecting it, with an emphasis on IP issues.


Learning Objectives:

  1. Review the key forms of legal intellectual property protection available to plant-based inventions
  2. Analyze the 2018 Farm Bill’s significant impact on these IP protections
  3. Integrate IP protection programs into product development and avoid loss of key legal rights
  4. Discuss the impact of IP laws and regulations, including the 2018 Farm Bill, on the legal cannabis industry



Credit Information

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Faculty

Daniel Knauss

Cooley

Dan Knauss’s litigation practice focuses on intellectual property, with an emphasis on life sciences. He litigates patent infringement and contract disputes concerning a variety of technologies, including cancer medicines, antiviral therapeutics, biofuels, agriculture and medical devices. He has been to trial in federal courts, the Patent Trial and Appeal Board and the International Trade Commission.

Before attending law school, Dan was director of intellectual property at Third Wave Technologies, a publicly owned molecular diagnostics company. In this position, he managed an international patent portfolio of over 200 issued and pending applications and coordinated outside counsel to achieve the company's patent procurement goals and service its licensing and litigation needs.

While at Stanford Law School, he was an editor of the Stanford Technology Law Review and externed in the Santa Clara County District Attorney's Office, preparing and successfully arguing several motions in court for misdemeanor and felony matters.

He developed scientific expertise as a graduate student focusing on retroviral entry mechanisms, cancer biology, and antiretroviral therapeutic drug discovery. He is published in peer-reviewed scientific journals and has given oral presentations at national scientific meetings.



Chris Holly

Cooley

Dr. Chris Holly's practice focuses upon helping clients in the agriculture, food, microbiology and biotechnology industries create and leverage robust IP portfolios. He has a vast experience in helping startup companies in the human and agricultural microbiome sector carve out valuable space in this emerging IP landscape.

Chris has counseled clients in a range of technical areas, including: novel agricultural active compounds, herbicidal and insecticidal compositions, antimicrobial compounds, biotechnology assays, and the transformation of microbial organisms for the production of compounds of interest.

Prior to joining Cooley, he was an associate at Baker, Donelson, Bearman, Caldwell & Berkowitz in that firm's DC office.

Chris obtained a PhD in Biological Sciences from Mississippi State University with research funded by the US Department of Agriculture and focused upon microbial and plant community dynamics in agricultural systems. By utilizing molecular techniques to characterize the microbial communities present in the agricultural systems and landscape scale data to characterize the plant communities inhabiting the systems, Chris' research resulted in significant insights that led to the publication of several peer reviewed scientific articles. During his last year of graduate research, Chris was selected as the top PhD research associate at Mississippi State University.

Chris maintains an active interest in academic agricultural technology issues, by frequently serving as an expert scientific reviewer for several leading weed science and agricultural technology journals.

While attending the University of Mississippi School of Law, Chris served as an editor for the Mississippi Law Journal, was a Dean's Leadership Council member, and won first place in an appellate oral advocacy competition. While attending Millsaps College, his undergraduate research focused upon utilizing electron microscopy to characterize oil absorbing polymer composites and the effects that biotic factors, bacterial species, had on the composites.





Dr. Erich Veitenheimer focuses on developing and implementing strategies to enable life sciences and biotech companies, universities and nonprofit research organizations to procure worldwide protection for their inventions and/or to provide them with the necessary freedom to operate. He has extensive experience in obtaining and defending patent positions by using practical, cost-effective approaches to resolving patent and trade secret disputes. He is named one of the top lawyers in the United States for life sciences and patent prosecution matters (Legal 500).

In addition to integrated and focused patent portfolio management, Erich provides counseling to national and international clients for a wide variety of intellectual property matters including opinions, due diligences, licensing negotiations, agreements, patent interferences, re-examinations, reviews and oppositions.

Erich's practice covers a wide variety of technologies, including plant breeding, food science, agricultural biotechnology, alternative foods, biocides, natural plant protectants, pharmaceuticals, biosimilars, nutraceuticals and biofuels. His practice also encompasses the requirements for depositing biological materials and the IP issues associated with biodiversity laws.

Erich has an established record of pro bono work and legal leadership roles and presently leads the DC office's pro bono efforts and co-chairs the pro bono committee firmwide. He also serves as the chair of our LGBTQ Affinity Group.

Prior to joining Cooley, Erich was a partner at Morgan, Lewis & Bockius. He served as an ocean systems technician in the US Navy, held positions as a plant breeder/biostatistician with DeKalb-Pfizer Genetics and as a senior corn breeder with DeKalb Genetics International, and was a primary patent examiner in the biotechnology group of the US Patent and Trademark Office.



Reviews

GD
Geoffrey D.

Very useful course for pharmaceutical practitioners not very familiar with plant protection

DR
Dena R.

Great group presentation!!

WB
William B.

Great presentation.

RH
Robert H.

Good overview

RP
Richard P.

Very good explaination of interesting material.

CC
Christine C.

Timely topic, well-presented.

IR
Ian R.

Thank you much.

LM
Lisa M.

great program

GS
greg s.

informative

JL
Jennifer L.

An outstanding presentation. A timely and very interesting subject. Thanks.

PN
Patricia N.

Informative

IR
Ian R.

Great job. Thank you.

CH
Cynthia H.

Thank you.

DA
Donald A.

Great course

EZ
Eric Z.

great job

BS
Brandon S.

great program!

JB
Jennifer B.

Very interesting and current topic.

JD
John D.

The lecturers were incredibly well-versed in the area of law and presented it well.

JL
Joseph L.

Excellent survey-level course on the material, gives a very good introduction to a very interesting area of current legal evolution. Recommend.

CC
Charles C.

Very well done.....an interesting real perspective and reality of this blooming industry...

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