The future of health care is being shaped by biotechnology. New technologies are providing patients with earlier diagnoses and superior treatment options. At the same time, developers of these technologies are seeking ways to maximize financial and strategic returns on their investments, and intellectual property is a primary vehicle...
Our courts, through litigation, can shape the regulation and governance of agricultural innovation, especially biotechnologies. As part of the University of Saskatchewan College of Law‘s Guest Speaker Program, I presented some of my new research: “Judging Biotech: How the Courts Control Our Crops,” explores how agricultural biotechnologies policy can be affected...
Biofuels, by Steve Jurvetson, on Flickr. “Network Governance of Biofuels” promotes a regulation and governance framework for biofuels that, while not necessarily simpler, let alone harmonized, is more coordinated and better rationalized. The analysis in this working paper is presented in two major sections, following a more detailed discussion in...
This public lecture and accompanying presentation, explained how free trade, federalism, and technology policy are integrally linked. Among the core challenges is implementing the intellectual property provisions of international trade agreements, such as the Canada-EU Comprehensive Economic and Trade Agreement (CETA) in federal systems, a topic I’ve researched and written about...
A number of important agricultural biotechnology patent disputes have arisen in Canada since the 2004 Supreme Court of Canada decision in Monsanto v. Schmeiser. Typically, defendants no longer contest issues of patent validity or infringement. Instead, the controversies have shifted to discussions about applicable remedies for infringement. Mid-season Soybean...
A pair courts decisions have a big impact on remedies available for biotechnology patent infringement. Defendants in biotech patent lawsuits seem to be better off than previously thought. The result could mean revaluing Canadian patent portfolios based on enforceability issues, and revising business and intellectual property practices accordingly. Read the...