Canadian Supreme Court upholds selection patents
20 November 2008
The Canadian Supreme Court’s unanimous decision to uphold selection
patents earlier this month helps keep the biotechnology sector
competitive as it seeks international investment during these difficult
economic times, says BIOTECanada, an intervener in the case.
BIOTECanada is a national industry-funded association with over 230
member companies.
“Strong intellectual property protection is a fundamental competitive
advantage in today’s global economy,” said Peter Brenders, President and
CEO of BIOTECanada. “The decision to uphold the validity of selection
patents will strengthen the certainty of our patent system and assist
Canadian biotechnology firms in attracting international investment
during these difficult times.”
Agriculture, industrial and health biotech companies, as well as
inventors in other sectors of the economy, for example manufacturers,
rely on selection patents to spur research into products and processes
described in prior patents. Selection patents increase research
by encouraging inventors, through patent protection, to study and
find advantages of previously patented material.
“We are very pleased that the Supreme Court understood the position
advanced by BIOTECanada, in explicitly mentioning the biotechnology
industry in its decision,” said Peter Wilcox of Torys LLP, counsel for
BIOTECanada on this case. “The Court recognized the importance of the
patent system in providing economic encouragement for research and
development in the biotechnology field.”
Canada’s biotechnology industry is composed of over 550 companies. In
application, the innovative products and processes from these companies
contribute to a broader bio-based economy worth 6.40% of Canada’s GDP,
or $ 78.3 billion, and create 1 million Canadian jobs.
“Our industry is founded on invention and innovation,” said Brenders.
“This judgement provides business certainty and will help our sector in
its objectives of continuing to invest in Canada, do research here, and
build a strong economy.”
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