How 2004's Court Decisions Have Changed IP Law.

Published in Managing Intellectual Property's World Contacts Handbook 2005.

In 2004, a number of developments, in the form of both legislative and judicial action, made an impact on Canadian law.

Patents

In Monsanto Canada Inc v Schmeiser ([2004] 1 SCR 902), the Supreme Court of Canada considered the patentability of genes and cells. At issue was whether Monsanto's patent to modified canola genes and cells was valid, and whether Percy Schmeiser, a farmer, infringed Monsanto's patents by planting seeds and growing plants containing the patented genes and cells, even though Monsanto's patent did not claim canola plants or seeds themselves. This decision was closely followed by the biotechnology and agric...

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