How Intellectual Property Jurisdiction Impacts Biomedical Innovation for Better Health

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...

Who Has Jurisdiction Over Intellectual Property Law and Policy in Canada’s Federal System?

This program of research investigated the connections among issues of intellectual property and federalism, including jurisdiction and legislative authority. provincial flags, by anji barton, on Flickr. Canada’s Constitution empowers the federal government to make laws regarding copyrights, patents and, to some extent, trade-marks and other intellectual property rights. Those federal...

Courts Play a Key Role in Regulation and Governance of Agricultural Innovation

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...

Network Governance of Biofuels: Can Policymakers Coordinate Multi-level Regulation?

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...

Accounting of Profits to Remedy Biotechnology Patent Infringement

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...