What is the regulatory framework governing intellectual property and human genetic material in Canada?
The Tri-Council Policy Statement does not say much concerning the question of intellectual property within the research context. The Canadian Biotechnology Advisory Committee (CBAC) has released two reports on the topic: • In their 2006 report Human Genetic Materials, Intellectual Property and the Health Sector, the Committee promotes the reinforcement of patenting criteria and the restriction of patent rights on human genetic material. • In their 2002 report, Patenting of Higher Lifeforms and Related Issues, the Committee supports the patenting of higher lifeforms but they emphasize the exceptions that must be considered in such cases. Among the positions taken by the Committee, some are in favour of excluding research as an activity that could violate the protection provided by a patent and the protection that goes against the patenting of the human body. In 2002, the Ministry of Health and Long-Term Care of Ontario published a report to the Prime Minister entitled Genetics, Testing