Definition of patent airway
Bowman v. Monsanto Co., scheduled for oral argument Tuesday, presents a high-stakes question about biotech products: how tightly can Monsanto control what users do with the Roundup-resistant soybean seeds that Monsanto has patented?
Although the practical ramifications are substantial, the doctrinal question is quite elegant. Like Kirtsaeng v. John Wiley & Sons, argued during the November sitting, the case involves the “exhaustion” of intellectual property. Generally speaking, it is usually the case that when an owner of intellectual property sells a specific tangible copy of the product, the user is free to do what it wishes with the product, free of further constraints imposed by the IP owner. In the common parlance, the first sale of the particular copy by the IP owner is said to “exhaust” patent (or copyright) protection with respect to that object.
This case presents a nice hypothetical question about that doctrine: what happens when the object that is sold has the inherent ability to produce further (perhaps boundless) copies of itself. Bowman (a soybean farmer) takes the view that once Monsanto sells a particular seed, patent protection ends for the seed. Because the natural purpose of the seed – the purpose for which Monsanto has designed it – is to produce more seeds, the farmer who plants the seeds he purchases from Monsanto is free to go about his business with the purchased seeds.
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If STUPID were a crime....
I'll allow the audience to form their own opinions.
Ignorance, can be cured thru education (omg,almost typoed), experience, and
even in some cases from critical self-examination.
Some people say that the definition of CRAZY is doing the
same thing over, and over, expecting different results?
I think that definition applies to stupid, too.
Definitions of stupid on the Web:
lacking or marked by lack of intellectual acuity
a person who is not very bright; "The economy, stupid!"
stupidity - a poor ability to understand or to profit from experience < -- this 1
stupidity - The property of being stupid; An act that is stupid; Obstinacy
Oh yes there is such a thing as a patent
Indeed, this is a very controversial issue right now, touching on the definition of intellectual property rights, indigenous people's rights, foreign relations between western industrial nations and the rest of the world, and international patent law itself.
If Harvard university can patent a mouse, why do you not believe there is such a thing as a food patent?
I do not just mean the...ompanies like Coca-Cola or Hersey's would have been out of business a hundred years ago if anyone could go to the patent office and get their secret formula.
Any more fallacies, misunderstandings, or bonehead assumptions you'd like me to clear up for you, Mr. PickleProduct
Ya got me
The actus reus of theft is usually defined as an unauthorized taking, keeping or using of another's property which must be accompanied by a mens rea of dishonesty and/or the intent to permanently deprive the owner or the person with rightful possession of that property or its use.
In this case, it deprives the author of recgonition and/or compensation for the use of his product...ellectual Property Rights (TRIPs) requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on a commercial scale".
So it is a CRIMINAL ACT, not just a civil matter. While it may not be THEFT under the absolute definition, it is depriving the author of his due, and not many courts would split those hairs.
Props to Intellectual Property — E-Commerce Times
Let's estimate this using the most inclusive definition of intellectual property: patents, copyrights, trademarks, trade secrets, customer lists, business know-how, and other secret sauce. Relationship to Market Capitalization. An oft-cited statistic …
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