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Article: The innocent bystander problem in the patenting of higher life forms.(Canada)
- Article from:
- McGill Law Journal
- Article date:
- April 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 McGill Law Journal (Canada). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The innocent bystander problem is one of the key issues in the controversy over the patenting of higher life forms. The problem arises when a patented life form enters adventitiously onto the property of a person who is unaware of its presence. At present it is clear that lack of intent is not a defence to a claim of patent infringement; the questions addressed in this article are whether the Patent Act should be amended to provide an "innocent bystander" defence in such circumstances, and if so, what should be the bounds of such a defence.
The argument for amending the Patent Act turns on the issue of innocent bystanders who benefit from their use of the ...