Bibliographic record
Abstract
This article makes the case for improving current systems for protecting plants and intellectual property rights in them. First, the U.S. system of separate and divergent intellectual property protection of new plants depending on the mode of propagation should be scrapped. A single statute for all plant varieties, as botanically defined, should complement utility patents. Second, on the matter of gene flow/genetic drift, there should be an alternative legal scheme if pervasive and enduring prejudice - whether pro or con genetically engineered crop plants - disrupts the application of otherwise fair rules of tort law. Third, a landowner should not be liable for patent infringement even for knowingly using genetically modified seeds or pollen that insects or winds carry onto his or her land from neighboring property. Monsanto Canada Inc. v. Schmeiser, (2004) 239 DLR (4th) 271 (Can.), was in significant part wrongly decided. What ties these proposals together is the late Professor Harris's concept of trespassory rules. The first and third proposals revise the trespassory rules applicable to intellectual property rights in plants. The second proposal conditionally adjusts the trespassory rules in the law of tort - especially those of negligence, trespass, nuisance, and strict liability - that govern neighboring farmers.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".