The potential for holdups in Canadian agricultural biotechnology research

There is no convincing evidence that research activities have been seriously held up in Canada as a result of IPRs. Public research organizations exist and are active in plant breeding through both conventional and nonconventional techniques. Even if private agents cannot get a license to use key biotechnologies, those who desire to engage in nonconventional plant breeding research can do so by partnering with one of many public organizations and, particularly, by supporting graduate student research. The Canadian Patent Act has a research exemption that encompasses a broad range of activities and has consistently been liberally interpreted. There are two sections that are relevant: Section 19 (Use of Patents by Government) and Section 55 (Liability for Patent Infringement).

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