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In this essay, I show how to reconcile competing intellectual, common and "classic" property rights, using plants and agricultural biotechnology as an exemplar. Based on the Supreme Court of Canada's decision in Monsanto Canada Inc v Schmeiser, I argue that IP has forgotten its justificatory roots in "classic" property rights and that redressing this is essential to buttress the rights of sustenance farmers in the developing world.
The essay was written in partial fulfilment of my BCL degree at the University of Oxford, and published in the Journal of World Intellectual Property. You can download the published version here or from bepress here.
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Last Updated on Sunday, 10 May 2009 |
