In 2010, Nestlè filed a PCT patent application (PCT/EP2010/056783) covering, inter alia, the use of an opioid receptor stimulating compound consisting of a plant extract from Nigella sativa (fennel flower, black cumin, habbat al-barakah), to treat or prevent food allergies…..full case study provided.
Nestlè asks you to provide a legal opinion critically analysing the issues surrounding the patentability of the invention claimed in the patent application, in light of claims concerning previous scientific findings and traditional knowledge that would predate Nestlè’s priority. Further, Nestlè asks you to provide strategic advice on the best course of action to launch and protect a new type of KitKat chocolate bar containing black cumin seeds to provide health benefits, targeting consumers of healthy snacks. In providing the advice required, make sure to consider socio-economic factors that may impact legal protection and public perception.
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