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Old 05-15-2013, 12:23 PM   #378
tw
Read? I only know how to write.
 
Join Date: Jan 2001
Posts: 11,933
Quote:
Originally Posted by henry quirk View Post
If that gene exists in 'my' body (and I didn't contract to it being there) then good luck, company A, in collecting (my point here: the Law is not to obeyed simply because it 'is' Law).
Again you have assumed the law is fair. Your assumption made obvious by your reasoning. You have assumed their royalties are not fair because you have no contract. Non-existent contracts are completely irrelevant. You are assuming that is not fair rather than grasping the law.

No contract exists between you and Company A - ever. If you accidentally make blue-green steel, then you are subject to royalty payments to Company A for using 'their' blue-green steel. That always was "cut and dry" patent law. Patent law applies even if no contracts ever existed.

If genes are patentable, then that 'fixed' gene in your body is subject to royalty payments. Does not matter why a gene was fixed. Or even if it was inherited. A patented gene only 'existing' means they can demand royalty payments.


Fortunately we have laws to protect us from others who have contempt for the law.
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