| Publisher | Canadian Biotechnology Advisory Committee (CBAC) | ||
|---|---|---|---|
| Format | PDF, requires Acrobat Rdr 5 | Date added | 01 Jan 2001 |
| Topics | Biology, Biomedical, Botany, Genetic Engineering | ||
| Downloads | 53 | ||
Biotechnology is expected to become a leading driver for technological innovation in this century. It has the potential to improve the quality of our health-care, the environment and our agriculture, mining and manugacturing practices. It also has the potential to become an engine for job creation and economic growth in the global economy. Public opinion research indicates that Canadians want reap the economic and social benefits of biotechnology; nonetheless, they want government controls in place to temper the impact of biotechnology on their daily lives...
As a result, one of the challenges Canada will face in the 21st century is to develop a socially, economically and politically acceptable policy on the patenting of biotechnological products and processes, especially with regards to multicellular organisms or higher life forms. This paper seeks to aid in the effort to formulate wuch a policy by examining the legal foundation upon which it must be built. There are numerous provisions in the Patent Act and the Plant Breeders' Rights Act which dictate the nature of intellectual property protection presently accorded to biotechnological products and processes in Canada. These provisions will be discussed in depth...
This paper is divided in two main sections. The first focuses on the Patent Act. It discusses the definition of a patent, the role of the patent system in Canada and the process for receiving and appealing a patent decision. In addition, it contains a detailed analysis of what types of biotechnological products and processes are currently included or excluded from patentability in Canada. The second section focuses on the Plant Breeders' Rights Act. It elaborates on the purpose and application of the Plant Breeders' Rights Act as well as the differences between this Act and the Patent Act. The second section also discusses the subject of farmer's privelege and how this privelege functions in relation to the Plant Breeders' Rights Act.
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