Even when the components listed in the claims and the corresponding components of the allegedly infringing product are not the same in the literal sense, if they are evaluated
to be in an equivalent relationship, they are considered to fall within the scope of protection, and infringement is thus acknowledged. [...]
The “balancing exercise” engaged in by judges in cases involving conflicts of rights can be analysed in rhetorical terms as a process for resolving rhetorical antinomies,
where an antinomy is understood as a contradiction between two equally justifiable conclusions drawn from two or more equally applicable rules or principles. [...]
On February 27, 2015, as part of the Agricultural Growth Act, amendments to the Canada's Plant Breeders' Rights (PBRs) Act came into force, making Canada compliant with Union
for the Protection of the New Varieties of Plants (UPOV) 91. One objective of adopting UPOV 91 was that it would encourage increased investment in plant breeding, [...]