Adventitious Presence of Patented Genetically Modified Organisms: Is Intent Necessary for Actions in Infringement?

25 Pages Posted: 7 Mar 2007

See all articles by Ikechi Mgbeoji

Ikechi Mgbeoji

York University - Osgoode Hall Law School

Date Written: February 2007

Abstract

The law of patents has long struggled with the status of intent in determining liability for infringement. This struggle has recently been given a sharper edge by the emergence of biotechnological products with the inherent ability of auto-dispersal and regeneration. The question thus is whether a person on whose backyard a patented genetic organism has grown without the active intervention of that person is liable in infringement to the patentee of that organism. This article examines the ramifications of the legal conundrum and argues that upon a proper construction of the theories of liability in patent law, intent to infringe is necessarily crucial if the nature of the subject-matter of the patent makes it unjust and absurd to argue otherwise.

Keywords: patent, genetically modified organism, infringement

JEL Classification: K11, K19, K39, K42

Suggested Citation

Mgbeoji, Ikechi, Adventitious Presence of Patented Genetically Modified Organisms: Is Intent Necessary for Actions in Infringement? (February 2007). CLPE Research Paper No. 4/2007. Available at SSRN: https://ssrn.com/abstract=967498 or http://dx.doi.org/10.2139/ssrn.967498

Ikechi Mgbeoji (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

HOME PAGE: http://osgoode.yorku.ca/ikechimgbeoji

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