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Congress Examines Ban on Patenting Human Organisms
Under a bill approved by the House of Representatives, the USPTO would be prohibited from issuing patents on human organisms. The provision would allow the USPTO to refuse to grant any application containing a claim that encompasses “any member of the species Homo sapiens at any stage of development.” The bill would codify existing USPTO rules regarding human organisms, but the ban would not interfere with stem cell research. Patents for cells, tissue and other biological products would not be affected, nor would the bill prevent patents for methods of creating biological products. Opponents of the bill argue that the provision would cripple research into therapeutic cloning and that the bill is unnecessary given the USPTO's policy on denying patents on subject matter encompassing human beings. The bill was approved in the House on Dec. 8, 2003 and awaits a vote in the Senate. See, e.g., www.bio.org.
EU Court Confirms that Sounds Can Be Registered Trademarks
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Major Differences In UK, U.S. Copyright Laws
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?