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Advances in genetic science have repeatedly grabbed headlines recently, from cloned calico cats to specially engineered food crops to promises that parents will soon be able to choose the physical characteristics of their future children. With the steady advance of technology and the increasing ease with which genetic material can be collected and analyzed, it is little wonder that some employers are contemplating using genetic testing as part of the employment process. Medical exams are themselves routine in many employment relationships, but it would misleading to assume that the same legal standards applicable to medical exams could be grafted onto genetic testing.
What makes genetic screening different is its ability to reveal not only existing conditions, but also potential ones. Genetic screening can reveal whether a person has a gene that predisposes him/her to a certain disease, or if there is a gene that will make the person hyper-susceptible to a condition if exacerbated in some way.
Employers medically screen applicants and employees for a variety of reasons. Some do so to lower recruitment and training costs. Employers may be reluctant to expend resources hiring and training an employee who is predisposed to developing a condition that will render him or her unable to work.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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