On April 11, the Canadian Copyright Tribunal will hear a dispute over a patent used to describe the composition of human skin, including in a publication that describes how the body functions.
The patent covers the composition, structure, function and function characteristics of human body parts.
In its ruling, the Tribunal said the claims should be deemed “infringing” under the Copyright Act and should be cancelled.
In the meantime, the Copyright Board has the power to order the patent cancelled.
The Copyright Board can take any of three measures, including cancelling the patent, suspending the patent and/or imposing a fine of up to $10,000, according to the Copyright Tribunal website.
A statement from the Copyright Office said in a statement that the Copyright Boards Office and Copyright Board have “stronger, more effective tools to deal with patent claims that infringe copyright.”
In a separate ruling on the same topic, the Supreme Court of Canada in December ordered a decision on the validity of a patent on a type of computer chip used to generate the digital images that are used to create virtual reality.
The patent covers methods for detecting and avoiding certain types of defects in the semiconductor that are incorporated into electronic components, according the Copyright Commission.
In its decision, the court said the patents claim was valid because they did not infringe any of the patent rights that the copyright holder holds.