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Should companys be allowed to Patent Genes
http://byap.backyardmagazines.com/forum/viewtopic.php?f=5&t=5506
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Author:  BatonRouge Bill [ May 21st, '09, 08:17 ]
Post subject:  Should companys be allowed to Patent Genes

http://www.newsvine.com/_question/2009/ ... tent-genes
This was a poll on the subject look at the results.
88.3% of the people polled say no way! as opposed to
3.2% who say yes and
7.5% who say maybe.
Makes you wonder how with only 3.2% approval they can get away with it! :evil:

Author:  Sleepe [ May 21st, '09, 09:06 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Diamond v Chakrabarty US Supreme Court 1980 5 to 4 in favour.

Author:  Chappo [ May 21st, '09, 09:27 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Makes me wonder what the other 1% voted ???

Author:  BatonRouge Bill [ May 21st, '09, 09:52 ]
Post subject:  Re: Should companys be allowed to Patent Genes

I didn't catch that Chappo, must be an error in their program.

Author:  RupertofOZ [ May 21st, '09, 09:56 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Nobody should be allowed to have patterned jeans.... not even golfers... :mrgreen:

Author:  Taz [ May 21st, '09, 10:05 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Chappo wrote:
Makes me wonder what the other 1% voted ???
BatonRouge Bill wrote:
I didn't catch that Chappo, must be an error in their program.
1% not sure

Author:  BatonRouge Bill [ May 21st, '09, 10:08 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Sleepe wrote:
Diamond v Chakrabarty US Supreme Court 1980 5 to 4 in favour.

5 to 4 certainly not unanimous.
This is a quote from Wikipedia:
"We must be careful to extend patent protection no further than Congress has provided.
Brennan noted that "we do not confront a complete legislative vacuum", and commented on the 1930 Plant Patent Act and 1970 Plant Variety Protection Act, which explicitly allow patents for plants in certain cases:

The Acts evidence Congress' understanding, at least since 1930, that 101 does not include living organisms. If newly developed living organisms not naturally occurring had been patentable under 101, the plants included in the scope of the 1930 and 1970 Acts could have been patented without new legislation.
Therefore:

Because Congress thought it had to legislate in order to make agricultural "human-made inventions" patentable and because the legislation Congress enacted is limited, it follows that Congress never meant to make items outside the scope of the legislation patentable.
And with regard to the specifics of the 1970 act:

Congress specifically excluded bacteria from the coverage of the 1970 Act ... The fact is that Congress, assuming that animate objects as to which it had not specifically legislated could not be patented, excluded bacteria from the set of patentable organisms. "

I really hate when they legislate from the courts!!! :evil:

Author:  Dufflight [ May 21st, '09, 10:10 ]
Post subject:  Re: Should companys be allowed to Patent Genes

Its not like they are building genes from scratch.

Author:  tamo42 [ May 21st, '09, 10:20 ]
Post subject:  Re: Should companys be allowed to Patent Genes

<libertarian>Nothing should be patentable!</libertarian> :P

Author:  BatonRouge Bill [ May 21st, '09, 10:57 ]
Post subject:  Re: Should companys be allowed to Patent Genes

tamo42 wrote:
<libertarian>Nothing should be patentable!</libertarian> :P

I started out a Southern Democrat, because you couldn't vote in certain primarys in Louisiana unless you were within the majority. Also Republicans were going mostly with straw polls etc. I didn't like where the party was going and Republicans during the Reagan times seemed honorable. Pretty disgusted again after they sold the farm to different special interests. Libertarian is an option but I wouldn't get to vote much down here. But to quote Winston Churchill:
"Some men change their party for the sake of their principles; others their principles for the sake of their party."
And I do not owe any party my loyalty!

Author:  tamo42 [ May 21st, '09, 20:50 ]
Post subject:  Re: Should companys be allowed to Patent Genes

BRB, a good quote. I don't think libertarians will ever make a popular party. Even within the "libertarian party" there is plenty of disagreement as to exactly what that means. Regardless, most people don't seem to want the responsibility of running their own lives.

Author:  DanDMan [ May 22nd, '09, 01:52 ]
Post subject:  Re: Should companys be allowed to Patent Genes

tamo42 wrote:
Regardless, most people don't seem to want the responsibility of running their own lives.


Wow, that's pretty much the summation of all our problems. Along with governments and people who do want to control others. Hey, I mean if your offering to not take control of your life, someone will always be more than happy to put you to work for their benefit.

Author:  tamo42 [ May 22nd, '09, 05:22 ]
Post subject:  Re: Should companys be allowed to Patent Genes

DanDMan wrote:
tamo42 wrote:
Regardless, most people don't seem to want the responsibility of running their own lives.


Wow, that's pretty much the summation of all our problems. Along with governments and people who do want to control others. Hey, I mean if your offering to not take control of your life, someone will always be more than happy to put you to work for their benefit.


I'd come up with something witty, but all I can think of is, "Yep."

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