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Re: Holy Crap - Monsanto really wants its all!!!
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Posted by Steve - IN on June 21, 2003 at 15:03:34 from (12.223.205.149):
In Reply to: Holy Crap - Monsanto really wants its all!!! posted by ShepFL on June 20, 2003 at 15:46:26:
Shep,
The Supreme Court here has upheld the idea of a patent being issued on a new and novel genetic combination. If colleges hold rights in the patent, they get paid a royalty along with Monsanto. Genetic research may someday cure cancer and a host of other illnesses. So it does make some sense to give incentive to research by extending patent coverage protection. Monsanto has chosen to lease their product as it gives them more ability to protect the fruits of their labor against infringers from China, Taiwan, etc. Just like Microsoft, it makes legal sense. The lease gives them quick and easy teeth to keep you from sending that seed to China to be copied -- much faster than a patent lawsuit which could drag on for years after the ship has sunk and the store had been cleaned out. We're still a free market, and no one is forced to use Windows or Monsanto seed. No one would lease the product if it didn't have some benefits over other products than can be purchased outright. Interesting, some of the possibilities -- A plant gene engineered to cross pollinate with heirloom plants and render them infertile would soon turn into a monopoly. Surely an unintended consequence of the Supreme Court decision. Also, think of parents getting a patent on the unique gene combination produced in the womb, i.e. you. Would they be able to claim a royalty on the fruits of your labor? If the laws give a mother the right to kill that gene combination in the womb, why can't she also patent it? The phrase "new lease on life" is going to take on whole new meanings in the coming decades -- some of them aren't very pretty.
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