Patentability of Living Matter Related to Biofuel production in the U.S.

With energy prices soaring, the development of renewable biofuels in the United States is a national priority motivated by both economic and environmental concerns, including enhancement of the domestic fuel supply, and maintenance of the rural economy.  Biofuels are closely associated with living material, as opposed to long dead organic matter that is associated with fossil fuels.  Given this connection, it is not surprising that intellectual property rights in living matter play an enormous role in emerging biofuel technologies. Patents of actual living organisms are important to the U.S. biofuel industry because, as this paper will demonstrate, patents give innovators in the biofuel industry the tools required to protect the intellectual property developed through vital scientific research.

This paper will focus on the ways various forms of living matter may be patented based on the intellectual property laws of the U.S and various foreign laws that the U.S. is obligated by treaty to follow. Patentability of plant life, microorganisms, and animals will be evaluated in detail with regard to production of alcohols (ethanol), biodiesel and methane gas. Plant life will be examined from the perspective of its use as a feedstock. Microorganisms will be examined as agents of fermentation for the biofuels. It will be shown that without the ability to patent living matter, the biofuel industry would be severely hampered.

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MLC MORTGAGE CORP. v. SUN AMERICA MORTGAGE CO.
2009 OK 37
Decided: 05/26/2009

In a case of first impression, the Oklahoma Supreme Court ruled 9-2 that private parties may now seek damages for violations of the Telecommunications Consumer Protection Act (TCPA), 47 U.S.C. §227 (2005), in Oklahoma courts.

The TCPA is a collection of federal statutes meant to regulate telemarketers. Under this legislation, private citizens may bring an action for violation of the act and recover damages "if otherwise permitted by the laws or rules of court of a State" (§227(b)(3)). There is no Oklahoma legislation creating or denying a right to bring such an action under the TCPA (though analogous state law prohibits much of the same conduct as does the TCPA).

Defendant/Appellees contended that the language of the statute requires affirmative legislative action to enable hearing of private claims. Plaintiff/Appellants argued that such preconditions are unnecessary. Citing the state law analogs and its duty to keep the courts open, the court decided to employ the "acknowledgment" approach wherein states are obligated to hear actions under federal law but need not create special procedural rules for such actions. Under this approach, no specific legislative grant is necessary.

Oklahoma sides with the vast majority of jurisdictions by recognizing a private right of action.

Resources:

Text of the opinion (OSCN)

Telecommunications Consumer Protection Act (47 U.S.C. §227 (2005))

Oklahoma's analog to the TCPA (21 O.S. 2001 §1863 (1990))

 

 

Introduction

     The recent scandal involving the community organization known as ACORN, raises some important legal issues. For those not familiar with the situation, ACORN stands for the Association of Community Organizations for Reform Now. This group is known for its strong ties to current U.S. President Obama, and has received tens of millions of dollars in funding from the federal government.

     The scandal came about by a two ACORN critics, masquerading as a prostitute and a would be politician, visiting ACORN offices in several states and secretly videotaping ACORN workers giving advice on how to carry out various illegal activities. These activities ranged from tax fraud to running a child prostitution ring. The video footage, which can be viewed unedited at biggovernment.com resulted in both houses of Congress voting to suspend all federal funding to ACORN.

CYBERSPACE…THE FINAL FRONTIER: HOW THE COMMUNICATIONS DECENCY ACT ALLOWS ENTREPRENEURS TO BOLDLY GO WHERE NO BLOG HAS GONE BEFORE

Not long ago, the internet was a massless void – a cyberspace of untapped potential. At a time when innovators were creating the “lunar modules” of internet exploration, Congress established the Communications Decency Act (CDA) with the hope of encouraging the growth and development of this budding technology. A mere thirteen years later, we are now comfortably living in the deepest realms of cyberspace. No longer is this idea the core of our wildest dreams; it is the center of our lives. The only aspect yet unchanged are our laws, namely the CDA, which, despite its innocent beginnings, has developed into a rogue law, safeguarding the very entrepreneurs that threaten the health and prosperity of our brave, new, blogging world. It is time for a change.

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REAL PROPERTY E-CONVEYANCES AND E-RECORDINGS: THE SOLUTION OR CAUSE OF MORTGAGE FRAUD?

The idea of an electronic land conveyance or title recording having the same validity as a written document is a fairly new legal reality. With the framework created by the enactment and passage of new federal and state legislation, the past eight years have been monumental in the real property industry. There have been more advancements and changes to the recording and mortgage system during the last eight years than we have seen in the last four centuries. For the most part, the professionals in the industry have anticipated and appreciated the changes that are taking place as electronic recording and mortgages become more common place. Transactions that before could take months are now started and finished in a few hours. Additionally, the costs of the transactions are decreasing. However, concern permeates this electronic revolution. There is a fear that because of the increasing number of cases of identity theft and the ease with which some computer hackers can obtain sensitive information, the use of electronic recording and mortgages would open the door to an increased amount of fraud committed in the industry.

This paper will discuss the foundational pieces of legislation that have promoted this electronic movement within the real property industry. It will then analyze the types of fraud that can occur in recording and mortgage transactions and the parties responsible for such fraud. After identifying the types of land fraud, there will then be a discussion as to any connections that electronic transactions have to such fraud. After determining the relationship between the electronic transactions and land fraud, this article will then analyze whether electronic transactions really improve the real property industry.

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CAN SCHOOLS USE NANOTECHNOLOGY TO PREVENT CELL PHONES FROM RINGING?

Not only have cell phones become a major part of our lives, but they have presented new problems for school administrators who must combat students using their phones to cheat and distract themselves during class. The problem has grown so much that some school districts, like New York City, have completely banned cell phones from school premises. As a result of criticism directed at the all out ban policies, some school districts have reconsidered and are moving toward allowing cell phone possession. Nonetheless, allowing cell phone possession has not alleviated the challenges presented to school administrators. Teachers report that they feel as if they are "cell phone cops" rather than educators. Educators frequently confiscate cell phones for improper use and risk exposing schools to liability if an educator should mishandle the phone.

            Some school administrators are considering turning to technology to partially solve their dilemma. School administrators and other members of the public are thinking about utilizing jamming devices and new developments in nanotechnology to prevent cell phone signals from entering the building. However, school administrators should exercise caution before implementing some of these control mechanisms. The Federal Communications Commission (FCC) specifically regulates some of these devices, while it is unclear if nanotechnology is regulated. A battle over FCC regulations of nanotechnology is being waged between nanotechnology developers and the cell phone industry. This article will explore the application of nanotechnology to FCC regulations.

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