Scientific developments encompass a broad range from the commonplace use of cell phones, to the development of new life forms such as the Harvard mouse, and the ongoing developments in stem cell research.
An example of a development in biotechnology resulting in legal ramifications is the invention of a new life form called the oncomouse or the Harvard mouse.
The former executive director of the Canadian Environmental Law Association (CELA) influenced many aspects of Canadian environmental law but is perhaps best known for leading a successful intervention at the Supreme Court of Canada in the Harvard Mouse
case, one of the most significant decisions in Canadian patent history.
12) The minority argued that, given the previous holding of the Supreme Court of Canada in the Harvard Mouse case, a person skilled in the art would not expect the scope of Monsanto's patent to include non-patentable subject matter.
Many perceive the majority decision in Monsanto to be inconsistent with the Supreme Court of Canada's holding in Harvard Mouse.
5 not to allow the patenting of higher life forms -- such as the Harvard mouse
-- in Canada.
As a class, you have decided to showcase issues arising from and relevant to the Harvard Mouse case and transgenic animals (See section 2).
The idea must arise from reading about the Harvard Mouse case and transgenic animals.
The Supreme Court of Canada's Harvard Mouse
case divided on a 5-4 split in the Court which does not make it a particularly strong precedent in a growing intellectual property domain.
The Harvard Mouse
, sometimes called the "oncomouse", is a very special mouse (onco is a Latin root word that refers to cancer).
The decision, commonly referred to as the Harvard Mouse
Case, was heralded as well reasoned and forward-looking with far reaching consequences, so far reaching that the Commissioner of Patents has decided to appeal to the Supreme Court of Canada.