The Precautionary Principle in Patent Law: A View from Canada

Abstract

The precautionary principle (PP) has rapidly emerged as a staple of international environmental law and attempts have been made to extend it into other fields. This article examines whether the PP can or should be extended into patent law. First, an assessment of the general arguments in favour of extending the PP into patent law is performed, followed by an analysis of its applicability within Canadian patent law as it is currently enacted. Then, the arguments against a precautionary patent law are scrutinized.