Oklahoma Journal of Law & Technology
INTRODUCTION
OKJOLT PROJECT
INTELLECTUAL PROPERTY RIGHTS (IPRS) IN LIVING MATTER
The Oklahoma Journal of Law & Technology (OkJoLT) examines recent issues in the areas of law and technology. Agricultural biotechnology is an important and ever-growing area of law and technology. OkJoLT intends to stay abreast of issues in agricultural biotechnolgy.
OkJoLT spoke with its faculty advisor, Professor Drew L. Kershen, Earl Sneed Centennial Professor of Law about specific projects in agricultural biotechnology. Professor Kershen has concentrated his teaching, writing and speaking for the past seven years on topics in agricultural biotechnology. Professor Kershen suggested a special project in intellectual property rights (IPRs) in living matter, specifically micro-organisms, plants, and animals. Professor Kershen stated that he often receives inquiries, particularly from scientists, farmers, agricultural extension works, and lay persons, about IPRs in living matter. The most common question asked is straightforward: "What are the IPRs in living matter, if any, in _______ (a particular named country)?"
OkJoLT decided to develop a project in IPRs in living matter. OkJoLT invited students to write e-briefs on this topic for various international organizations, regional organizations and specific countries. Professor Kershen agreed to serve as the faculty sponsor of these e-briefs.
In the spring semester 2004, five students agreed to write e-briefs for this project. OkJoLT selected five areas as the subject matter of these e-briefs:
These students wrote three e-briefs on each of these countries, region, and the international level. While each e-brief reflects the particular laws, regulations, procedures, and decisions of its subject, the students discovered that the focus of the three e-briefs tended to fall into three discrete topics: an e-brief on plant variety protection certificates under Plant Variety Protection laws; an e-brief on regular patents for living matter under the general patent law; and, an e-brief discussing the procedures and decisions of contested applications for IPRs in living matter.
These e-briefs are written to provide the reader with accurate, basic information about IPRs on living matter within the particular country, region, international level. The goal is that when the reader finishes reading these e-briefs, the reader can say, "I have a good understanding of the basic law of (the country, region, international level) and a good basic understanding of the issues. I know whether IPRs in living matter exist and under what legal conditions."
OkJoLT intends to expand this project of IPRs in living matter in the coming semesters. For the fall semester 2004, four students have agreed to write e-briefs on IPRs in living matter for the following countries:
In the spring semester 2005, OkJoLT has (tenative) plans to have students write e-briefs on IPRs in living matter for the following countries:
In the fall semester 2005, OkJoLT plans tentatively to add additional countries. Countries being considered include Egypt, Indonesia, Malaysia, New Zealand, Philippines, Russia, and Thailand.
OkJoLT wants to provide its readers with accurate, basic information about IPRs in living matter. OkJoLT particularly hopes that these summary presentations are of significant benefit to lawyers, scientists, farmers, agricultural extension agents, and the interested citizen. OkJoLT also intends to monitor the countries for which e-briefs have already been published in order to update the information, as needed, when new developments relevant to IPRs in living matter occur.
Thank you for reading about the OkJoLT project on IPRs in living matter. For further information on this project, please contact the project faculty advisor, Professor Drew L. Kershen at dkershen@ou.edu.
Date of Introduction: July 26, 2004.