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1.Review - When DNA Is Isolated from the Human Body, Should it Be Subject to Ownership by Patent? Read:http://www.cnn.com/2013/04/15/health/court-genes (Links to an external site.)Links to an external...

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1.Review - When DNA Is Isolated from the Human Body, Should it Be Subject to Ownership by Patent?

Read:http://www.cnn.com/2013/04/15/health/court-genes (Links to an external site.)Links to an external site.

Watch:http://www.nbcnews.com/video/nbc-news/ XXXXXXXXXXLinks to an external site.)Links to an external site.

Source: Bill Mears, "Justices At Odds Over Patents for Human Genes,"CNN.com, April 17, 2013,http://www.cnn.com/2013/04/15/health/court-genes (Links to an external site.)Links to an external site. (article); Danielle Leigh, "Supreme Court Considers Genetic Patents,"NBCnews.com, April 16, 2013,

What are the implications of our law recognizing ownership over components of the human body? List the benefits and the drawbacks of a ruling by the court that would allow such ownership rights to be recognized by law.

2. Find a story in the newspaper about liability resulting from the ownership of real property. Do you think that landowner should be liable in the case that you located? Why or why not?

3. Do you think the Supreme Court reached the correct decision inBowman v. Monsanto? Why or why not?

4. If you invented something that was patentable or the subject of a trade secret, what types of issues would you consider when deciding whether or not to apply for a patent?

5. Go to the U.S. Patent and Trademark Office athttp://www.uspto.gov (Links to an external site.)Links to an external site.. Search the trademark database for the phrase “Let’s Roll.” Do you think that companies should be able to trademark phrases? Can you find other examples?

6. In 2012, Chevrolet produced a Super Bowl commercial that depicted the day after an apocalyptic event destroys much of Earth. You can watch the video here:http://www.superbowl-commercials.org/14661.html (Links to an external site.)Links to an external site.. As you can see, the commercial mentions two trademarked brands, Twinkie and Ford. Are these mentions permissible under trademark law? Ford’s lawyers sent a “cease and desist” letter to Chevrolet and NBC asking them to pull the ad before the Super Bowl. On what basis could Ford ask for the ad to be pulled?

7.Do you think there is any difference between downloading a song on a peer-to-peer network versus walking into a store and putting a CD into your jacket and walking out without paying for it? What are those differences? Should the law treat those two acts differently?


Answered Same Day Dec 26, 2021

Solution

Robert answered on Dec 26 2021
123 Votes
1.Review - When DNA Is Isolated from the Human Body, Should it Be Subject
to Ownership by Patent?
Answer: When DNA is isolated from the human body it should not be subject to
ownership by patent as cited by Supreme Court in „‟ Association for Molecular
Pathology v. Myriad Genetics, Inc.‟‟ case where the validity of gene patent has
een overthrown as natural occu
ing DNA even when taken out of the human
ody cannot patented but those produced artificially are eligible for patents.
What are the implications of our law recognizing ownership over components
of the human body? List the benefits and the drawbacks of a ruling by the
court that would allow such ownership rights to be recognized by law.
There will be both positive and negative impact of our laws recognizing ownership
over components of the human body as ownership
ings investment in heath
esearch on one hand while it also increases the price of the healthcare and secure
monopoly of a particular company.
The major benefits are that it will
ing innovation and research for the cure of
various diseases when the ownership rights are secured by the law. It also
ings
investment from private companies as they are lured by the „patent‟ rights that will
oost its profitability for decades. But it has drawbacks also as the competition is
hampered over the years and the access of quality health services to the people
ecomes more costlier. Thus, there need to be case by case study before granting
ownership over components of human body and the right of people to have
affordable and equitable health services must be assured.
2. Find a story in the newspaper about liability resulting from the ownership
of real property. Do you think that landowner should be liable in the case that
you located? Why or why not?
Answer: The liability of the ownership of...
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