top of page

Patenting Life Forms In Canada: Legal And Ethical Perspectives


 


Muthu Meena K, VIT School of Law

Manasa S, VIT School of Law


ABSTRACT


Canada’s stance on patenting life forms has evolved through key judicial decisions and legislative frameworks. This paper examines Canada’s approach by analysing landmark cases such as Harvard College v. Canada (Commissioner of Patents) (2002 SCC 76), which denied a patent for a genetically modified higher life form, and Monsanto Canada Inc. v. Schmeiser (2004 SCC 34), which recognized patent rights over genetically modified genes and cells. Additionally, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. (2008 SCC 61) clarified the principles of selection patents in the pharmaceutical industry, influencing the broader discussion of patenting biological matter. These rulings highlight the complexities of granting exclusive rights over living organisms, balancing innovation with ethical and economic concerns. By evaluating these decisions, this paper explores the ongoing legal and policy challenges in Canada’s biotechnology patent system.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page