Giving Away the Farm? the Rights and Obligations of Biotechnology Multinationals: Canadian Developments

Phillipson, Martin

doi:10.1080/09615768.2005.11427617

Cited by 3 publications

(2 citation statements)

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“…Although the role of the lower court in this case was preliminary and procedural, the ruling of Justice Smith, which spans 341 paragraphs and more than 170 pages, was thorough and, according to Phillipson (2005), certainly raises questions as to the adequacy of the common law to deal with widespread commercial uptake of GM crops . .…”

Section: Judicial Developments In Canadamentioning

confidence: 98%

“…These proposals include calls for a special statutory provision for patentee liability for gene wandering and the relaxation of a strict liability standard for patent infringement in the agricultural biotechnology arena. Others involve the elaboration of the doctrine of "innocent infringer" to cover the likes of Schmeiser as well as the defense of farmers' privilege, the doctrine of waiver, or implied license as a shield against the likes of Monsanto (Kershen, 2004;Lee & Burrell, 2002;Phillipson, 2005). All these lend support to commentators' observations that it may well be that judicial creativity [as well as legislative audacity] in this area is precisely the sort of intervention that will be needed to deal with an almost entirely new form of technology, and the problems flowing from it, which the patent law still rooted in concepts designed to deal with mechanical inventions seems unable to anticipate.…”

Section: Judicial Developments In Canadamentioning

confidence: 98%

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Tension on the Farm Fields: The Death of Traditional Agriculture?

Oguamanam

2007

Bulletin of Science, Technology & Society

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Taking into account the historic transitions and progressions in agricultural science, this article examines the emergence of the phenomenon of agricultural biotechnology. It identifies pivotal sites of tension between agricultural biotechnology and alternative approaches to agriculture. The article identifies two distinct sources of contemporary social tension around agricultural science. First, it identifies the epistemological fault line and examines how the latter is promoted by intellectual property. Second, it spotlights the gene-wandering syndrome-a byproduct of genetic modification-and evaluates its impact on the escalating tension in our agricultural communities. Drawing from recent court decisions in Canada, the article recognizes the present urgency for a better jurisprudence and practical regulatory policy on aspects of agricultural biotechnology to mediate current tensions in those communities. It argues that judicial and policy response must be predicated on recognition of agroepistemic pluralism and an understanding of broader socioeconomic impact of agro-biotechnology on alternative forms of agriculture.

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Section: Judicial Developments In Canadamentioning

confidence: 98%

Section: Judicial Developments In Canadamentioning

confidence: 98%

Tension on the Farm Fields: The Death of Traditional Agriculture?

Oguamanam

2007

Bulletin of Science, Technology & Society

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Biotrespass

Beer

2007

Bulletin of Science, Technology & Society

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As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author explores doctrinal hurdles facing plaintiffs alleging biotrespass. To overcome concerns about the metaphysicality of molecular biotrespass, the author draws analogies to “cybertrespass.” To confront the problem of suing patent licensors for the actions of their licensees, the author makes reference to principles of landlord-tenant law. Well-established laws concerning wandering animals shed light on the policies underlying biotrespass. In the second part, the author examines such policies in further detail and considers the purpose of transporting property metaphors into bio/nanospace. The article concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly.

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Adventitious Presence of Patented Genetically Modified Organisms: Is Intent Necessary for Actions in Infringement?

Mgbeoji

2007

SSRN Journal

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Giving Away the Farm? the Rights and Obligations of Biotechnology Multinationals: Canadian Developments

Cited by 3 publications

References 1 publication

Tension on the Farm Fields: The Death of Traditional Agriculture?

Tension on the Farm Fields: The Death of Traditional Agriculture?

Biotrespass

Adventitious Presence of Patented Genetically Modified Organisms: Is Intent Necessary for Actions in Infringement?

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