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Challenges to Stem Cell Patents in Europe and the U.S.
Recently, scientists have announced the discovery of how to convert human skin cells into stem cells. Gina Kolata, Man Who Helped Start Stem Cell War May End It, N.Y. TIMES, Nov. 22, 2007, at A1. Stem cells are cells with the nascent ability to grow into fully formed organisms. Certain types of human stem cells have the potential to grow into individual human beings, which has resulted in a great deal of controversy surrounding stem cell research. Many individuals, as well as certain organizations, particularly religious organizations, see human stem cell research as a fundamental challenge to human dignity and the sanctity of life. This debate has affected patent law in Europe, to the extent that inventions based on certain kinds of research may be excluded from patentability. However, new methods of stem cell research, such as the recent conversion of skin cells into stem cells, may escape the ethical barriers that currently exist in European patent law. In addition to their potential ability to sidestep the ethical barriers to patenting stem cells, these new research approaches can open new scope for researchers to perform stem cell research in the United States.
European Ethical Regulations
At this time, in Europe, researchers are restricted in their ability to obtain patents on their research because of ethical regulations that bar the patenting of the 'human embryo.' Under Rule 23d(c) of the European Patent Convention, the patenting of biotechnological inventions is prohibited for uses of human embryos for industrial or commercial purposes. This regulation derives from Article 53(a) of the European Patent Convention, which prohibits patenting inventions contrary to morality or 'ordre public.' The European Patent Office ('EPO') has taken a broad interpretation of this prohibition, and thus has excluded from patentability both patents that cover processes of extracting human stem cells from human blastocysts and patents covering human embryonic stem cell lines.
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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?