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Intellectual PropertyIntellectual property can be the most valuable asset of a commercializing life sciences firm. Intellectual property rights is an emerging issue in the life sciences, which involves many sectors of society, including government, business, and consumer groups. Overview Intellectual property rights vary from country to country. In Canada, the Canadian Intellectual Property Office (CIPO) is responsible for administering Canada's intellectual property system. The following table lists Canadian definitions and provisions. Of these, patent law is the most important to firms in life sciences due to the unique nature of their inventions.
Intellectual Property
Issues in the Life Sciences Sector Intellectual property issues are at the forefront of recent developments in life sciences. Unlike other industries, the life sciences deal with the fundamental elements of life. Concern is being raised about whether or not a person or company should be allowed to hold a patent for a higher life form. Information regarding the precedent setting case of the Harvard Mouse can be found at Lexum by the University of Montreal - in partnership with the Supreme Court of Canada. Some of the issues pertaining to this topic are also explained in a paper by the Canadian Biotechnology Advisory Committee (CBAC). The Plant Breeder's Rights Act recognizes that plants are a life form, and therefore cannot be patented. However, it provides plant breeders with patent-like intellectual property protection. This is a primary example of the efforts being made in Canada concerning intellectual property in the life sciences industry. Another significant intellectual property issue involves the pharmaceutical industry. The Canadian Drug Manufacturers Association (CDMA) represents Canada's generic pharmaceutical manufacturers who object to certain aspects of patent legislation. On the other hand, Rx&D has presented arguments concerning the need for effective intellectual property protection on behalf of Canada's brand name pharmaceutical manufacturers. Intellectual property rights will continue to be a highly debated topic in the life sciences, especially as many countries aim to harmonize their intellectual property laws. Learn more about International Intellectual Property Rights. Non-disclosure agreements are particularly useful in situations
where confidential information is being shared with a third party,
including the distribution of a business plan to venture capitalists,
or the licensing of a life sciences product to a large corporation.
Intellectual Property
Information Sources The following links provide Canadian and international sources of intellectual property information.
Learn more about International Intellectual Property Rights.
Intellectual Property
Agents/Lawyers Many professional services firms in Canada provide intellectual property assistance to commercializing firms in the life sciences sector. Some of these firms can be found via the SourceCan website and through the Canadian Company Capabilities database. Also, PATSCAN provides a list of intellectual property lawyers by province. Please visit CIPO for a full list of patent agents by province. |
Created: 2005-06-01 Updated: 2005-09-22 |
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