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Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith
Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith
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Patent law provides an impressive laundry list of defenses available to farmers who are the victims of unwanted pollen drift. The common law works hand-in-hand with patent law to ensure that a farmer’s choices are respected. Strong arguments can be made that positive economic relief should be afforded to farmers who can show the value of their crop has been diminished due to pollen drift. GMO pollen drift is a new, high-tech problem, but well-established principles of federal and state law appear prepared to offer viable low-tech solutions.
The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson
The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson
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The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a "limited time" or may Congress extend the time already granted for existing copyrights? This is what Congress did …