Digital Commons Network^™

Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack

Malla Pollack

In 2001, the United States Supreme Court decided that sexually reproduced plants (which include major crop plants such as corn) are statutorily proper subject matter for utility patents. See J.E.M. Ag Supply, v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). Since that decision, critics from many disciplines have argued that the world's food supply is at risk from giant agribusinesses' manipulation of utility patents on genetically modified plants and animals. In light of these fears, this paper revisits J.E.M. and then highlights a related, still-open legal problem with biotechnology patents.

Looking backwards to J.E.M., the paper reaches several negative …

Concurrence And Convergence Of Rights: The Concerns Of The U.S. Supreme Court, Graeme Dinwoodie

Graeme B. Dinwoodie

No abstract provided.

The Trademark Function Of Authorship, Greg Lastowka

Greg Lastowka

The use of authorial marks in relation to the sale of creative works, like the use of business trademarks in relation to the sale of goods and services, creates social benefits that deserve legal protection. Authorial attribution acts as an incentive to authorial production, provides valuable information to consumers, and provides additional social benefits that go beyond issues of market efficiency. However, the use of authorial marks, like the use of trademarks, can create social harms. Just as counterfeiters place illegitimate trademarks on goods, exploiters of entertainment markets may be tempted to misattribute authorship. In the United States, such deceptive …

Tempest In A Teapot Or Tidal Wave? Cybersquatting Remedies Run Amok, H. Brian Holland

H. Brian Holland

No abstract provided.