ARTICLE
17 February 2022

Freedom For Fluorescent Fish

MC
Marks & Clerk

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
Sad to see this story about genetically modified fish becoming established in wild populations - it did however prompt me to take a look at the various patents covering the GloFish®...
United Kingdom Intellectual Property

Sad to see this story about genetically modified fish becoming established in wild populations - it did however prompt me to take a look at the various patents covering the GloFish®, and there are some interesting patent claims there. 

As well as the usual claims you might expect ("1. A transgenic zebrafish or progeny fish thereof comprising a transformation event comprising a chromosomally integrated expression cassette encoding a fluorescent protein"), there are others which creatively cover downstream (excuse the pun) sales of the fish: "6. A method of providing a transgenic fish to the ornamental fish market, comprising obtaining a transgenic zebrafish or a progeny thereof in accordance with claim 1, and distributing the fish to the ornamental fish market." This ties in with GloFish(R)'s terms of sale, which (quite responsibly) forbid "Intentional breeding and/or any sale, barter, or trade, of any offspring of GloFish® fluorescent ornamental fish".

A small reminder that IP issues touch on many unexpected aspects of aquarium keeping.

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