Patents on genetically modified animals: A Harvard mouse case study.

摘要

When the Supreme Court of Canada held in Harvard College v. Commissioner of Patents that the Harvard-oncomouse, which is a genetically modified mouse to be susceptible to cancer, was unpatentable under the Canadian Patent Act, many groups of people were astonished. There was a high expectation that the Court would grant a patent on the oncomouse because other countries such as the United States and European countries already granted a patent on the oncomouse.;After the Supreme Court's decision in Harvard College v. Canada , there remain legal and policy problems. This thesis will explain the background of the Canadian Patent Act and the creation of the oncomouse, and pertinent interpretation issues under s.2 of the Patent Act. Then, the thesis will propose a regulatory framework such as a research and experimental use exception, an innocent bystander defence, a farmer's privilege and 'ordre public' and morality, which should be included within the Patent Act. Moreover, Harvard College v. Canada shall be applied to Thai patent law. In conclusion, I shall recommend that the oncomouse and similar creations should be patentable subject matters if legislation is amended to incorporate of proposed regulatory framework.