Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by At van Rooy
Formulation patents as a layer of crop-protection IP
Patent strategy in the crop-protection sector is frequently centred on the active ingredient. Considerable commercial value may, however, continue to be created after the active molecule itself has been identified. The formulation determines how an active ingredient performs as a commercial agricultural product.
Regulatory Approval And Patent Freedom To Operate
The regulatory and patent requirements associated with bringing an agricultural remedy to market are closely related in practice, but they perform different legal functions. A business preparing to launch a crop-protection product in South Africa may invest substantially in technical data, registration, product development, manufacturing arrangements and distribution. Regulatory approval confirms compliance with the applicable registration framework.
Inventive step in agrochemical formulation development
Agrochemical development frequently involves incremental technical work. Solvents are substituted, concentrations adjusted, surfactant systems modified, crystal forms improved and known compounds tested in different combinations. Many of these changes form part of routine formulation work. Others may produce a technical advance capable of patent protection. The distinction is central to the requirement of inventive step.
Data protection of regulatory dossiers under Act 36
The commercial value of an agrochemical product is not confined to the invention described in its patent specification. Considerable value may also reside in the scientific and technical information generated during development and regulatory approval. Registration of an agricultural remedy can require extensive chemistry, toxicology, environmental, residue, efficacy and stability information.
Patent expiry does not necessarily mean freedom to operate
The expiry of a patent covering an active ingredient can create a significant commercial opportunity for manufacturers and distributors of crop-protection products. It does not, however, follow that every product containing that ingredient may be brought to market without further patent analysis. Commercial crop-protection products frequently incorporate intellectual property extending beyond the active ingredient itself.
Supreme Excellence In Patent Litigation
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Supreme excellence in patent litigation
Provided by KISCH IP With an entrenched history in Africa, KISCH IP has, for the last 145 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights. While acknowledging our establish...
Html.Raw(The Persistent And The Vexatious – The Ersatz Litigant - Intellectual Property - South Africa)
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
The persistent and the vexatious litigant
Provided by KISCH IP With an entrenched history in Africa, KISCH IP has, for the last 145 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights. While acknowledging our establish... more By At van Rooy and Izaan Kuschke Topics Dispute Resolution | Intellectual Property Law 01 Apr 2020 It is a tale as old as time if you are an ersatz litigator – you lose once, you try again, regardless of merit and good faith.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with At
Contact At, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack