Plant genetic resources (PGRs) occurring within the territorial threshold of nation states and the related traditional knowledge do not fit into the commons paradigm. Territorial integrity is absurd that sovereignty of states over natural resources found within their territory is still extant in international law yet plant genetic resources occurring within states are treated differently. This chapter discusses the Locke's labour theory of property is perceived as the foundation to modern property rights. The World Trade Organisation (WTO) is the international institution responsible for enforcing the global minimum standard of intellectual property established under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). The chapter argues that in Harvard Onco-Mouse, the Canadian Supreme Court introduced into the Canadian patent lexicon the idea of 'higher life' forms. The implications of these two Canadian cases go beyond the country's borders.