The Terminator Patent And Its Discontents
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The Terminator Patent And Its Discontents
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Author : Ikechi Mgbeoji
language : en
Publisher:
Release Date : 2014
The Terminator Patent And Its Discontents written by Ikechi Mgbeoji and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Arguably, no other biotechnological invention has been excoriated with so much confused rhetoric on “utility” as the invention relating to Genetic Use Restriction Technologies (“GURTs”) patented in the United States, Canada, Australia, Belgium, Bulgaria, Denmark and many other countries. Otherwise known by their rather inflammatory nickname of both “terminator patents,” GURTs have become the litening rod for both technophiles and Luddites. At the heart of the controversy is a misunderstanding of the changed meaning of the concept of utility in patent law. This paper argues that while the public understanding of utility as social usefulness is well grounded in history of patent law, modern development in the jurisprudence of utility has not been stagnant. To the contrary, utility in patent has moved from puritanical notions to its current articulation as the ability of an invention to do what it promises to do as per the disclosure filed with the patent office. In other words, the test of utility is no longer anchored on whether the alleged invention is socially useful or ethically permissible. Rather, the overriding criterion in modern patent law is whether the alleged invention performs or fulfills what it predicts to do as per its disclosure. In order to appreciate this shift, it has to be born in mind that across the centuries, courts in various jurisdictions have evolved in their conception of what utility means in patent law. From an original focus on social usefulness with a puritanical slant, utility has moved to a struggle between social usefulness and mechanical operability and now to mechanical predictability. Consequently, this paper argues that a fundamental misconception on the recent criticisms against the utility or otherwise of “terminator” technologies is that utility is mistaken for its original notion of social usefulness. The present reality is that utility of inventions has weaned itself from the high-minded impulses of the Venetian patent system and the British Statute of Monopolies.
Global Biopiracy
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Author : Ikechi Mgbeoji
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Global Biopiracy written by Ikechi Mgbeoji and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Technology & Engineering categories.
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
Terms Of Use
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Author : Eva Hemmungs Wirtén
language : en
Publisher: University of Toronto Press
Release Date : 2008-01-01
Terms Of Use written by Eva Hemmungs Wirtén and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
Sequel to : No Trespassing.
West S New York Digest 4th
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Author :
language : en
Publisher:
Release Date : 1989
West S New York Digest 4th written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law reports, digests, etc categories.
Journal Of The Patent And Trademark Office Society
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Author :
language : en
Publisher:
Release Date : 2008
Journal Of The Patent And Trademark Office Society written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Patent laws and legislation categories.
Engineering Trouble
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Author : Rachel A. Schurman
language : en
Publisher: Univ of California Press
Release Date : 2003-10-06
Engineering Trouble written by Rachel A. Schurman and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-06 with Medical categories.
Talk of genetically engineered organisms (GEOs) has moved from the hushed corridors of life science corporations to the front pages of major newspapers. This book examines these issues from the diverse perspectives of sociology, geography, law environmental studies and political science.
The Sage Handbook Of Intellectual Property
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Author : Matthew David
language : en
Publisher: SAGE
Release Date : 2014-11-18
The Sage Handbook Of Intellectual Property written by Matthew David and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-18 with Social Science categories.
This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.
St Thomas Law Review
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Author :
language : en
Publisher:
Release Date : 2004
St Thomas Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Innovation Equality
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Author : Joshua Gans
language : en
Publisher: MIT Press
Release Date : 2020-12-08
Innovation Equality written by Joshua Gans and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-08 with Political Science categories.
How to get more innovation and more equality. Is economic inequality the price we pay for innovation? The amazing technological advances of the last two decades—in such areas as artificial intelligence, genetics, and materials—have benefited society collectively and rewarded innovators handsomely: we get cool smartphones and technology moguls become billionaires. This contributes to a growing wealth gap; in the United States; the wealth controlled by the top 0.1 percent of households equals that of the bottom ninety percent. Is this the inevitable cost of an innovation-driven economy? Economist Joshua Gans and policy maker Andrew Leigh make the case that pursuing innovation does not mean giving up on equality—precisely the opposite. In this book, they outline ways that society can become both more entrepreneurial and more egalitarian. All innovation entails uncertainty; there's no way to predict which new technologies will catch on. Therefore, Gans and Leigh argue, rather than betting on the future of particular professions, we should consider policies that embrace uncertainty and protect people from unfavorable outcomes. To this end, they suggest policies that promote both innovation and equality. If we encourage innovation in the right way, our future can look more like the cheerful techno-utopia of Star Trek than the dark techno-dystopia of The Terminator.
Access To Knowledge In The Age Of Intellectual Property
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Author : Gaëlle Krikorian
language : en
Publisher: Mit Press
Release Date : 2010
Access To Knowledge In The Age Of Intellectual Property written by Gaëlle Krikorian and has been published by Mit Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
A movement emerges to challenge the tightening of intellectual property law around the world. At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of "access to knowledge" or "A2K." They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new "free culture" movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.