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ERIC Number: EJ769044
Record Type: Journal
Publication Date: 2007
Pages: 8
Abstractor: Author
ISBN: N/A
ISSN: ISSN-0270-4676
EISSN: N/A
Adventitious Presence of Patented Genetically Modified Organisms on Private Premises: Is Intent Necessary for Actions in Infringement against the Property Owner?
Mgbeoji, Ikechi
Bulletin of Science, Technology & Society, v27 n4 p314-321 2007
The law of patents has long struggled with the status of intent in determining liability for infringement. This struggle has recently been given a sharper edge by the emergence of biotechnological products with the inherent ability of auto-dispersal and regeneration. The question thus is whether a person on whose backyard a patented genetic organism has grown without the active intervention of that person is liable in infringement to the patentee of that organism. This article examines the ramifications of the legal conundrum and argues that on a proper construction of the theories of liability in patent law intent to infringe is necessarily crucial if the nature of the subject matter of the patent makes it unjust and absurd to argue otherwise.
SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: journals@sagepub.com; Web site: http://bibliotheek.ehb.be:2814
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A