Law Commons^™

The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps

Indiana Journal of Global Legal Studies

Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.

The European Patent Office And The European Patent: An Open Avenue For Biotechnologists And "Living Inventions", Katrina Mcclatchey

Oklahoma Journal of Law and Technology

No abstract provided.

The Effect Of The "Onco-Mouse" Decisions On The Exception To Patentability For "Animal Varieties" Under The European Patent Convention, Katrina Mcclatchey

Oklahoma Journal of Law and Technology

No abstract provided.

A Comparative Study On Human Embryonic Stem Cell's Patent-Eligibility In The United States, The European Patent Organization And China, Huan Zhu

Huan Zhu

Since human embryonic stem cells (hESCs) have entered the public’s view, a large number of ethical debates and moral concerns have been generated. However, these concerns have not stifled advances in biotechnology regarding hESCs. Thanks to its scientific potential and therapeutic values, scientists from all over the world contribute both funding and time to investigate hESCs and additionally seek protection for their research inventions and methods. The patent system is a known mechanism to provide this protection and promote science by granting the patentee exclusive rights to the inventions while requiring public disclosure. However, due to the intrinsic relation of …

Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila

Justine Pila

In Generics Ltd v Lundbeck A/S (2009) UKHL 12, the House of Lords affirmed the validity of a patent for a chemical product - an isolated stereoisomer - supported by a method of producing the product, but protecting the chemical product as such independent of the method by which it was made. In so doing, it appears to have resolved a longstanding tension between granting patents for chemical products and requiring that the scope of monopoly rights equiperate with the disclosure in the specification. It also appears to have rejected the Biogen Inc v Medeva plc (1997) RPC 1 (HL) …

Gone In A Blink: The Overlooked Privacy Problems Caused By Contactless Payment Systems, Shane L. Smith

Marquette Intellectual Property Law Review

The use of RFID technology in contactless payment devices presents an expanding menu of challenges and concerns to privacy advocates. While rapid, creative advances have been made by contactless payment system issuers, neither privacy advocates nor lawmakers have used the same creative visions to address the privacy problems caused by contactless payment systems. The author proposes a legislative response to address privacy concerns without stifling technological developments.

Patenting The Minotaur, Bratislav Stanković

Richmond Journal of Law & Technology

Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.

Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers

Richmond Journal of Law & Technology

Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …

Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath

Marquette Intellectual Property Law Review

A rise in European Patent litigation has increased awareness of patent enforcement and its difficulty given the lack of harmony between the European Patent Convention (EPC) and the European Community (Community) patent laws. The EPC and the Community have both attempted to harmonize certain aspects of their patent laws. In 1999, the EPC Member States developed four options for structuring a European system of patent enforcement. In 2000, the Community developed its regulation system known as the Community Patent Regulation. The author believes that the two proposals are great attempts but fail to address two key aspects: (1) the allocation …

European Political Cooperation After The Single European Act: The Future Of Foreign Affairs In The European Communities, Daniel T. Murphy

Law Faculty Publications

The Single European Act (SEA) consists of two ostensibly unrelated sets of provisions, both of which are intended to contribute to unification among members of the European Communities. Perhaps the major, and most widely publicized, provisions of the SEA consist of amendments to the Treaty of Rome (EEC Treaty). The remaining provisions of the SEA, predominately title III, formalize the system of European Political Cooperation (EPC) within the member states.

Although not widely written about, or perhaps appreciated in this country, EPC has become an efficient system for coordinating foreign affairs positions within the European Economic Community (EPC). The EEC …

On “The Strategy For Nature Protection In China”, Cheng Zheng Kang

Proceedings of the Sino-American Conference on Environmental Law (August 16)

7 pages.

The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy

Law Faculty Publications

Although the European Economic Communities more frequently are taking what appear to be institutional positions on foreign policy and political issues of grave concern to the world community, it is not inappropriate for them to do so. The longterm goals of the Communities in part are political, as expressed in the Treaty of Rome. In the preamble to the Treaty the signatories state that they are "[d]etermined to lay the foundations of an even closer union among the European peoples." Article 2 provides, in part, that one of the tasks of the Common Market is to promote "closer relations between …