(Roughly) Daily

Posts Tagged ‘Patent

“And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed”*…

The first patent on an animal was granted in the U.S. in 1988. But the first agricultural patents date back to 1930 and the Plant Patent Act (PPA). Since then, patent protection on seeds has been both broadened and lengthened; in the 1980’s, protection was extended beyond “utility” (a plant that uniquely did one thing or another) to the living thing itself. And the seed industry has consolidated…

For years Haribhai Devjibhai Patel has been growing cotton, peanuts and potatoes in the western Indian state of Gujarat. For years he and his family have used seedlings from one harvest to plant the next year’s crops on his four acre field.

Last year he planted a new potato variety known as FC5. It was a decision that ultimately landed him in court, because the US company PepsiCo had already claimed the rights to that very same potato variety. Patel claims he wasn’t aware of the potato’s name, much less PepsiCo’s claim…

According to the plaintiffs’ lawyer, Anand Yadnik, the lawsuit alleges that the FC5 potato is especially bred for PepsiCo’s subsidiary company Lays and their internationally distributed product: potato chips. PepsiCo was seeking 10 million Rupies or $140.000 (€ 126.000).

“I was completely devastated. I was afraid. Not in my lifetime would I ever have been able to pay the kind of damages that were being claimed by PepsiCo,” Patel said. The 46-year-old farmer has two children and earns around $3,500 per year.

The lawsuit was based on findings that PepsiCo gathered from Patel’s field. According to his lawyer, the company hired a private detective agency to provide the data. “They took secret video footage and collected samples from farmers fields’ sans disclosing their real intent”…

The case is another example of  an ongoing global trend of companies claiming property rights for plants or genetic material of plants  across the globe. 

“Resources that used to be available to mankind as a community have now been confined to privatization,” Judith Düesberg from NGO Gene Ethical Network… The number of patents on plants worldwide has increased a hundredfold from just under 120 in 1990 to 12,000 today – 3500 of them are registered in Europe,according to the European initiative No-Patents-On-Seeds

Critics argue that patents block access to genetic material for farmers and minimize biodiversity, the diversity of species and increase farmers’ dependency on seed producers.

But Bayer, Monsanto’s parent company, told DW in a written statement: “Farmers have the choice of whether and which products they buy from which supplier. [… ] Each farmer decides freely. […] Farmers will only use our products if they gain a clear advantage.”

In Europe, a case involving Monsanto and a particular breed of melon drew media attention several years ago. Monsanto had discovered that an Indian melon variety was naturally resistant to a specific virus. At the European Patent Office it then successfully applied for a patent on that trait after breeding into other melons. 

From this moment on, not only did this trait belong to Monsanto, but so did every melon variety containing it, including the Indian melon from which it originated. Patent opponents call this practice  biopiracy

According to the Indian-based market research agency Mordor Intelligence, revenue in the seed sector will reach $90 billion by 2024 compared to about $60 billion in 2018. And over 50% of the worldwide market share is in the hands of Bayer-Monsanto, Du Pont and Syngenta…

The UN report “The right to food” has raised concerns about food security caused by “the oligopolistic structure of the input providers” warning that it could also cause food prices to increase and deprive the poorest of food.

A further concern is who owns the seeds and who produces the food. According to the NGO Germanwatch, most of the seed producing industry comes from the Global North, but 90% of biological resources (agricultural products, natural materials come) from the Global South. 

While patenting laws remain more restrictive in the Global South, an Oxfam Study shows that big global players appear to be finding loopholes

A few companies are angling to sew up the world’s seed supply: “Patents on plants: Is the sellout of genes a threat to farmers and global food security?

* Genesis, 1:29 (KJV)

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As we reap what we sow, we might send well-organized birthday greetings to Antoine Laurent de Jussieu; he was born on this date in 1748.  A botanist, he is best remembered as the first to publish a natural classification of flowering plants; much of his system– which was, in part, based on unpublished work by his uncle, Bernard de Jussieu— remains in use today.

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Written by (Roughly) Daily

April 12, 2021 at 1:01 am

“Well, that is California all over”*…

Half of Californians live below this red line. ☝️

That may be hard to believe, but it’s more or less accurate, demographers say: Roughly 20 million people reside north of a line running through Los Angeles, and the other 20 million are squished underneath it.

n the second half of the 19th century, the majority of the state’s residents lived in Northern California, where the Gold Rush city of San Francisco hosted the largest urban population on the West Coast. So what happened?

The shift began with the oil and citrus booms of the 1890s. “Los Angeles and Southern California have one of the largest oil reserves of any region in the country. And agriculture made it an attractive place for land speculators, especially as major aqueduct projects brought water to the region,” said Justin Levitt, an adjunct political science professor at Cal State Long Beach.

Then came Hollywood’s entertainment boom in the 1920s, the WWII defense boom that sprouted industrial factories as well as a sizable military presence in San Diego, and the Southern California aerospace boom of the 1940s and ’50s. The population exploded, with Los Angeles County growing from about 170,000 in 1900 to 10 million today, a full quarter of California’s people.

The San Francisco Bay was once considered the state’s most important harbor, but Southern California stole that distinction away too. The ports at Long Beach and Los Angeles are now the busiest in the United States…

There are signs that California’s slackening growth in recent years — a consequence of curtailed immigration, housing shortages, and high cost of living — might be nudging the dividing line back north, said Dowell Myers, a demographer at USC.

At last check, about five years ago, the halfway mark was near Hollywood Burbank Airport, he said. “But since then population growth has really stalled in the state. If anything, growth is shrinking in the southern counties. This weak growth must be moving the halfway line slightly upward geographically.”

The unevenly-distributed population of the Golden State: “California’s lopsided population,” from the eminently-informative California Sun.

* Mark Twain, Roughing It

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As we dwell on demographics, we might recall that it was on this date in 1911 that Willis S. Farnsworth– of Petaluma, in Sonoma County, California– was granted a patent for the first coin-operated locker.

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March 7, 2021 at 1:01 am

“All I know about music is that not many people ever really hear it”*…

In the early 1950s, James Baldwin moved to a Swiss village in the Alps with two Bessie Smith records and a typewriter under his arm. It was there that he finished his first novel, Go Tell It on the Mountain (1953), which he largely attributes to Smith’s bluesy intonations: “It was Bessie Smith, through her tone and her cadence, who helped me to dig back to the way I myself must have spoken…and to remember the things I had heard and seen and felt. I had buried them very deep,” Baldwin wrote in an essay.

For the eminent American novelist and essayist, music was generative, unearthing inspiration that may otherwise remain concealed. Ikechúkwú Onyewuenyi, a curator at the Hammer Museum in Los Angeles, hopes to rouse a new generation of writers with “Chez Baldwin,” a 478-track, 32-hour-long Spotify playlist based on Baldwin’s vinyl record collection.

“The playlist is a balm of sorts when one is writing,” Onyewuenyi told Hyperallergic. “Baldwin referred to his office as a ‘torture chamber.’ We’ve all encountered those moments of writers’ block, where the process of putting pen to paper feels like bloodletting. That process of torture for Baldwin was negotiated with these records.”…

Listening to the Joy in James Baldwin’s Record Collection“: “Chez Baldwin,” a 32-hour-long Spotify playlist based on Baldwin’s vinyl record collection.

* “All I know about music is that not many people ever really hear it. And even then, on the rare occasions when something opens within, and the music enters, what we mainly hear, or hear corroborated, are personal, private, vanishing evocations. But the man who creates the music is hearing something else, is dealing with the roar rising from the void and imposing order on it as it hits the air. What is evoked in him, then, is of another order, more terrible because it has no words, and triumphant, too, for that same reason. And his triumph, when he triumphs, is ours.” – James Baldwin

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As we listen, we might recall that it was on this date in 1575 that Queen Elizabeth granted choral composer Thomas Tallis and his student William Byrd a 21-year monopoly for polyphonic music and a patent to print and publish “set songe or songes in parts,” one of the first arrangements of its kind in England. Tallis had exclusive rights to print any music in any language, and he and Byrd had sole use of the paper used in printing music.

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Written by (Roughly) Daily

January 22, 2021 at 1:01 am

“Patents need inventors more than inventors need patents”*…

 

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Patents for invention — temporary monopolies on the use of new technologies — are frequently cited as a key contributor to the British Industrial Revolution. But where did they come from? We typically talk about them as formal institutions, imposed from above by supposedly wise rulers. But their origins, or at least their introduction to England, tell a very different story…

How the 15th century city guilds of Italy paved the way for the creation of patents and intellectual property as we know it: “Age of Invention: The Origin of Patents.”

(Image above: source)

* Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property

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As we ruminate on rights, we might recall that it was on this date in 1981 that IBM introduced the IBM Personal Computer, commonly known as the IBM PC, the original version of the IBM PC compatible computer design… a relevant descriptor, as the IBM PC was based on open architecture, and third-party suppliers soon developed to provide peripheral devices, expansion cards, software, and ultimately, IBM compatible computers.  While IBM has gone out of the PC business, it had a substantial influence on the market in standardizing a design for personal computers; “IBM compatible” became an important criterion for sales growth.  Only Apple has been able to develop a significant share of the microcomputer market without compatibility with the IBM architecture (and what it has become).

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“He who receives an idea from me, receives instruction himself without lessening mine”*…

 

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Article I Section 8 | Clause 8 of the U.S. Constitution provides that “[The Congress shall have power] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”  And so that family of protections/rights in the intangible things that we now know as “intellectual property” was enshrined at our nation’s birth.  But has that affordance gotten out of hand?  More specifically, is the concept of “intellectual property” itself a problem?

The grand term ‘intellectual property’ covers a lot of ground: the software that runs our lives, the movies we watch, the songs we listen to. But also the credit-scoring algorithms that determine the contours of our futures, the chemical structure and manufacturing processes for life-saving pharmaceutical drugs, even the golden arches of McDonald’s and terms such as ‘Google’. All are supposedly ‘intellectual property’. We are urged, whether by stern warnings on the packaging of our Blu-ray discs or by sonorous pronouncements from media company CEOs, to cease and desist from making unwanted, illegal or improper uses of such ‘property’, not to be ‘pirates’, to show the proper respect for the rights of those who own these things. But what kind of property is this? And why do we refer to such a menagerie with one inclusive term?

The phrase ‘intellectual property’ was first used in a legal decision in 1845 and acquired formal heft in 1967 with the establishment of the World Intellectual Property Organization (WIPO), a specialised agency of the United Nations that represents and protects the commercial interests of holders of copyrights, patents, trademarks and trade secrets. The ubiquitous use of ‘intellectual property’ began in the digital era of production, reproduction and distribution of cultural and technical artifacts. As a new political economy appeared, so did a new commercial and legal rhetoric. ‘Intellectual property’, a central term in that new discourse, is a culturally damaging and easily weaponised notion. Its use should be resisted…

Samir Chopra (@EyeOnThePitch) argues that copyrights, patents and trademarks are all important, but the term ‘intellectual property’ is nonsensical and pernicious: “End intellectual property.”

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* “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.”                    — Thomas Jefferson

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As we share and share alike, we might recall that it was on this date in 1937 that Wallace Carothers, a chemist at DuPont, was granted U.S. Patent #2071250A for “Monocomponent artificial filaments or the like of synthetic polymers; [and the] Manufacture thereof from homopolycondensation products”– or as we know the product in question, nylon.

Nylon was the first commercially successful synthetic thermoplastic polymer.  It’s first commercial use was in a nylon-bristled toothbrush in 1938, followed more famously by its use in women’s stockings or “nylons” which were shown at the 1939 New York World’s Fair and first sold commercially in 1940.  During World War II, almost all nylon production was diverted to the military for use in parachutes and parachute cord. But these wartime uses of nylon (and other DuPont-patented plastics) greatly increased the market for the new materials– and thus, for DuPont’s patents– in the post-war era.

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Carothers in his lab, stretching a sample of nylon fabric

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Written by (Roughly) Daily

February 16, 2020 at 1:01 am

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