Posts with Comments by YHN

Some Musings on Patent Law

  • 1.) A price can't be assigned to raw germplasm because, while there may contain useful genes, until those genes are evaluated and traits identified, the germplasm is an unknown quantity. 
     
    Unknown quantities and lots are auctioned all the time. I'm thinking here of abandoned self storage lockers. You don't know what's in there but you have a good idea of the risk involved. (say 10 self storage lockers with nothing of value to one containing say for instance four high performance car tires and a collection of fancy rims.) 
     
    2.) The collection of germplasm doesn't deprive a country of a good or benefit. If utility isn't lost, then there is no claim for compensation. 
     
    Utility is lost if collection leads to a claim for exclusive use, i.e. a patent. Compensation is more about getting everyone with the power to poision the well that a "fair" aggangement has been reached.
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