“Asexual Reproduction Prohibited”? Plant Propagation and Patent Law
IPilogue
NOVEMBER 9, 2021
In Monsanto Canada Inc v Schmeiser , the SCC outlines a clear distinction between the uniqueness of a plant (potentially PBR eligible) versus the innovative production or technique associated with the life form (potentially patentable). . This includes processes like the production, sale, and imports/export of the plant variety.
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