CBAC Response to The Globe and Mail - Patent Legislation Must Be Respected

Due to miscommunication between the reporter, and myself the subject was not correctly reported. We believe that patent legislation must be respected.

Our report on Patenting of Higher Life Forms recommends several changes to the Patent Act; one of those is that the federal government should amend the patent legislation related to biotechnology to include a “farmer’s privilege” provision. The privilege would allow farmers to collect and use seeds harvested from patented plants and to breed patented animals - for their own use only. However, the report specifically states that, under the proposed amendments to the Act, the patent holder would still have the right to license their inventions and the terms of the licence could preclude a farmer from exercising this privilege. Accordingly, patent holders would restrict the use of their products through contractual agreement, not legislation.

Current law does not restrict “farmers’ privilege” and our report recommends that it not be proscribed in future legislation, either.