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/51547919 (Links 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?