Harvard College V. Canada (Commissioner Of Patents)
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Harvard College V. Canada (Commissioner Of Patents)
''Harvard College v Canada (Commissioner of Patents)'' is a leading Supreme Court of Canada case concerning the patentability of higher organism, life forms within the context of the Patent Act (Canada), Patent Act. At issue was the patentability of the Harvard oncomouse, a mouse that had its genome genetically altered by a cancer-promoting gene (oncogene). In a 5-4 split, the Supreme Court held that the oncomouse and higher life forms in general are not patentable subject matter in Canada. Background Harvard College researchers (the respondents) developed a process by which they could create transgenic animals whose genomes are altered by a cancer-promoting gene (called an activated oncogene).Harvard College [2002] 4 SCR 45 at para 123 The researchers injected the oncogene into fertilized mouse eggs close to the one-cell stage and implanted them into a female host mouse where they developed to term.Harvard College [2002] 4 SCR 45 at para 122 The resulting offspring were then tes ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Patent Appeal Board
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Louise Arbour
Louise Bernice Arbour (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda. From 2009 until 2014, she served as President and CEO of the International Crisis Group. She made history with the indictment of a sitting head of state, Yugoslavian president Slobodan Milošević, as well as the first prosecution of sexual assault as a crime against humanity. From March 2017 to December 2018 she was the Special Representative of the United Nations Secretary-General for International Migration. She is currently in private practice in Montreal. Early life and education Louise Arbour was born in Montreal, Quebec to Bernard and Rose (née Ravary) Arbour, the owners of a hotel chain. She attended convent school, during which time he ...
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Beverley McLachlin
Beverley Marian McLachlin (born September 7, 1943) is a Canadian jurist and author who served as the 17th chief justice of Canada from 2000 to 2017. She is the longest-serving chief justice in Canadian history and the first woman to hold the position. In July 2018, McLachlin began a three-year term as a non-permanent judge on the Hong Kong Court of Final Appeal, the first Canadian jurist nominated to the post. She was re-appointed for a second three-year term in 2021. Early life and education McLachlin was born Beverley Gietz in Pincher Creek, Alberta, the eldest child of Eleanora Marian (née Kruschell) and Ernest Gietz. Her parents, who were of German descent, were "fundamentalist Christians" of the Pentecostal Church. She received a B.A. and an M.A. in philosophy as well as an LL.B. degree (winning the gold medal as top student, and serving as notes editor of the ''Alberta Law Review'') from the University of Alberta. She was called to the bar of Alberta in 1969, and to th ...
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Ian Binnie
William Ian Corneil Binnie (born April 14, 1939) is a former puisne justice of the Supreme Court of Canada, serving from January 8, 1998 to October 27, 2011. Of the justices appointed to the Supreme Court in recent years, he is one of the few appointed directly from private practice. On his retirement from the Court, he was described by ''The Globe and Mail'' as "arguably the country's premier judge", by '' La Presse'' as "probably the most influential judge in Canada of the last decade" and by the ''Toronto Star'' as “one of the strongest hands on the court.” Personal life and career as lawyer Justice Binnie was born in Montreal, Quebec. He graduated from Trinity College School in 1957 and McGill University in 1960, where he was the News Editor of the ''McGill Daily'', a producer and writer of the ''Red and White Revue'', and a member of the Scarlet Key Honor Society. He then went on to study law at Pembroke College, Cambridge University (graduating with an LL.B in 1963 an ...
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Pioneer Hi-Bred Ltd
Pioneer commonly refers to a settler who migrates to previously uninhabited or sparsely inhabited land. In the United States pioneer commonly refers to an American pioneer, a person in American history who migrated west to join in settling and developing new areas. Pioneer, The Pioneer, or pioneering may also refer to: Companies and organizations *Pioneer Aerospace Corporation * Pioneer Chicken, an American fast-food restaurant chain * Pioneer Club Las Vegas, a casino in Las Vegas, Nevada, U.S. * Pioneer Corporation, a Japanese electronics manufacturer * Pioneer Energy, a Canadian gas station chain * Pioneer Entertainment, a Japanese anime company * Pioneer Hi-Bred, a U.S.-based agriculture company * Pioneer Hotel & Gambling Hall, Laughlin, Nevada, U.S. *Pioneer Instrument Company, an American aeronautical instrument manufacturer * Pioneer movement, a communist youth organization * Pioneer Natural Resources, an energy company in Texas, U.S. * Pioneer Pictures, a former American ...
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Monsanto Co
The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup, a glyphosate-based herbicide, developed in the 1970s. Later the company became a major producer of genetically engineered crops. In 2018, the company ranked 199th on the Fortune 500 of the largest United States corporations by revenue. Monsanto was one of four groups to introduce genes into plants in 1983, and was among the first to conduct field trials of genetically modified crops in 1987. It was one of the top 10 US chemical companies until it divested most of its chemical businesses between 1997 and 2002, through a process of mergers and spin-offs that focused the company on biotechnology. Monsanto was one of the first companies to apply the biotechnology industry business model to agriculture, using techniques developed by biotech drug companies. In this business model, com ...
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Louis-Philippe Pigeon
Louis-Philippe Pigeon, (February 8, 1905 – February 23, 1986) was a Canadian lawyer, academic, and puisne justice of the Supreme Court of Canada. Early life and education Pigeon was born in Henryville, Quebec in 1905, the son of Arthur Pigeon and Maria Demers. He studied law at the Université Laval and obtained an LL.L in 1928, winning the Governor General's gold medal.Justice Québec: Louis-Phillipe Pigeon
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Called to the the same year, he settled in .


Legal career

Pigeon began his legal career in 1928 with ...
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Louis LeBel
Louis LeBel (born November 30, 1939) is a former puisne justice of the Supreme Court of Canada. He served on the Court from 2000 to 2014. LeBel was born in Quebec City. He is the son of lawyer Paul LeBel, Q.C. He went to school at the Collège des Jésuites, graduating with a BA in 1958. LeBel earned his law degree at Université Laval in 1962 and went on to get an LL.M from the University of Toronto in 1966. He was a top student, winning the Governor General's medal, the Lieutenant General's medal and the Tessier silver medal. He was called to the bar in 1962 and practised in Quebec City in several firms until 1984. During this period he taught at the University of Ottawa and Université Laval. On June 28, 1984, he was appointed directly to the Quebec Court of Appeal. He stayed on the Court until he was appointed by Jean Chrétien to the Supreme Court in 2000. He is married to Louise Poudrier since August 28, 1965. His wife is also a lawyer and taught at Université Laval u ...
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Frank Iacobucci
Frank Iacobucci (born June 29, 1937) is a former Puisne Justice of the Supreme Court of Canada from 1991 until his retirement from the bench in 2004. He was the first Italian-Canadian, allophone judge on the court. Iacobucci was also the first judge on the Supreme Court to have been born, raised and educated in British Columbia. Iacobucci has had a distinguished career in private practice, academia, the civil service and the judiciary. Before his elevation to the nation's top court, he was a tenured professor of law at the University of Toronto Faculty of Law for eighteen years, and was appointed dean of the faculty in 1979. From 1985 to 1988, he served as the Deputy Attorney General of Canada, playing a key role in constitutional law negotiations during the Meech Lake Accord process. Prime Minister Brian Mulroney appointed him Chief Justice of the Federal Court of Canada in 1988. As a former private corporate lawyer, he is considered an expert in business and tax law. He c ...
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Charles Gonthier
Charles Doherty Gonthier, (August 1, 1928 – July 16, 2009) was a Puisne judge on the Supreme Court of Canada from February 1, 1989 to August 1, 2003. He was replaced by Morris Fish. Early life Gonthier was born in Montreal, Quebec to Georges Gonthier, an accountant who was also Auditor General of Canada from 1924 to 1939, and Kathleen Doherty. Charles was the only child the two had together, although Georges Gonthier, who had been widowed, had other children from his first marriage. Kathleen's father, Charles Doherty, was a lawyer and politician who became federal Minister of Justice. Although Charles Doherty died when Gonthier was only 3, the stories his mother recounted about his grandfather were influential upon his later interest in a law career.Abbate, Gay (July 20, 2009). "Ex-jurist left a complex legacy: Known for his probing questions, he was a strong supporter of the Charter, who provided a voice of restraint", ''The Globe and Mail'', p. S8Convenience link Educa ...
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Claire L'Heureux-Dubé
Claire L'Heureux-Dubé (born September 7, 1927) is a retired Canadian judge who served as a puisne justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position, after Bertha Wilson. Previously, she had been one of the first woman lawyers to handle divorce cases, and was the first woman appointed as a judge to the Quebec Superior Court and the Quebec Court of Appeal. During L'Heureux-Dubé's time on the country's top court, she earned a reputation as a steadfast feminist and supporter of minority rights. Because roughly 40 percent of the 254 judgements that she wrote were dissents, she became known as the court's "great dissenter". Early life and career L'Heureux-Dubé was born Claire L'Heureux in Quebec City in 1927. She was one of four girls raised by a mother who spent fifty years as a quadriplegic as a result of multiple sclerosis which developed when L'Heureux-Dubé was only nine. L'Heureux-D ...
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