Crop Gene Patents On The Impact Of Patent Infringement

This dissertation has five Chapters, and a Preface, an Introduction, the Conclusion, a Bibliography and a Postscript, and they are structured as follows:The PREFACE outlines the origin, background, substance, purpose, approach and connotation of this dissertation.The INTRODUCTION sets forth the setting, starting point, avenue of ensuing analysis and the scope and interpretation of the thesis of this dissertation. It further includes the writer's comments on terminology, sentence structure and style of writing.Chapter ONE outlines legal issues argued and legal principles applied in the 2004Supreme Court of Canada Schmeiser ruling------which ruling serves as the starting pointof this dissertation------and sets forth their importance, implication and relevance to theChinese "patent infringement determination" mechanism.Chapter TWO sets forth concepts and terminology that relate to, and the science and technology that underlie, genetic engineering, so as to provide a requisite scientific basis on the subject matter of this dissertation.Chapter THREE firstly, introduces the Canadian "patent infringement" concept, its terminology, legal basis, issues and the reasons why it is regarded as "the heart of the Canadian patent system"; then secondly, sets forth the Canadian patent infringement mechanism prior to the said Schmeiser ruling; then thirdly, sets forth the "propositions" laid down by the Supreme Court of Canada in the said Schmeiser ruling; and fourthly, examines the meaning and implication of the said propositions; and lastly, analyzes and examines the impact the said Schmeiser ruling has on (traditional) Canadian patent infringement.Chapter FOUR firstly, through review and analysis of pertinent Chinese legislations, guidelines, judicial interpretations, academic writings, the interrelationship amongst the Chinese concepts of "infringement-harm-duty-liability" and related Canadian concepts to establish that the Chinese concept of "patent infringement" means "encroachment upon another's patent rights"; then secondly, through analysis of the Chinese "patent infringement determination mechanism" to determine the Chinese meaning of "patent infringement"; then thirdly, through the analysis of related factors and considerations to establish the applicability of the said Schmeiser ruling to the Chinese "patent infringement determination mechanism"; and lastly, and comprehensively, examines and analyzes the impact the said Schmeiser ruling may have on "Chinese patent infringement".Chapter FIVE uses the foregoing chapters as foundation, and the arguments and reasoning used and principles established in the said Schmeiser ruling as platform, to...