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Articles 1 - 5 of 5
Full-Text Articles in Intellectual Property Law
The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith
The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith
Scholarly Works
In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards
Recombinant Proteins Containing Repeating Units, Qi Wang, Zhonghon Guan, Brendan O. Baggot, Kristen Hadfield, Jianmin Zhao, Janice Edwards
Brendan O. Baggot
Methods for the production of recombinant proteins containing repeating units are disclosed. Also disclosed are methods for the production of degenerate polynucleotides encoding said recombinant proteins. In addition, polypeptides and polynucleotides produced by the methods of current invention are also disclosed.
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
Popular Media
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.