Bill S785-2011

Establishes an affirmative defense for damages for violation of patent, trademark or intellectual property rights relating to genetically engineered organisms

Establishes an affirmative defense for causes of actions related to violation of a patent, trademark or other intellectual property right on grounds that a party possessed or used seeds or plants that contained genetically engineered or genetically modified organisms without entering into an agreement or paying fees to the manufacturer or licensed distributor of such products.

Details

Actions

  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 5, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S785

TITLE OF BILL:

An act to amend the general obligations law, in relation to genetically modified organisms

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow for an affirmative defense against any liability if the party can show that he or she did not knowingly and intentionally introduce the genetically engineered or genetically modified organisms into his or her plants or seeds.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the General Obligations Law to provide for an affirmative defense against any liability if he or she shows that they did not knowingly and intentionally introduce genetically engineered plants or genetically modified organisms and they did not knowingly gain from the distinctive traits of a genetically engineered plant or genetically modified organism.

JUSTIFICATION:

This bill seeks to help farmers by providing them with an affirmative defense if they are sued for planting genetically modified organisms or genetically engineered plants without purchasing the rights to do so.

PRIOR LEGISLATIVE HISTORY:

2009-2010: S.2483/A.2373 Passed Assembly 2007-2008: S.4951/A.1403 Passed Assembly 2005-2006: A.1468-A Passed Assembly 2003-2004: A.1911 2001-2003: A.11674

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 785 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to genetically modified organisms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 9-107 to read as follows: S 9-107. GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS; AFFIRMATIVE DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR VIOLATION OF A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ON THE GROUND THAT THE PARTY POSSESSED OR USED SEEDS OR PLANTS THAT CONTAINED GENET- ICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS WITHOUT ENTERING INTO AN AGREEMENT OR PAYING FEES TO THE MANUFACTURER OR LICENSED DISTRIBUTOR OF SUCH GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS SHALL HAVE AN AFFIRMATIVE DEFENSE AGAINST ANY LIABILITY IF THE PARTY SHALL SHOW THAT HE OR SHE DID NOT KNOWINGLY AND INTENTIONALLY INTRODUCE THE GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS INTO HIS OR HER PLANTS OR SEEDS OR ONTO HIS OR HER PROPERTY AND HE OR SHE DID NOT KNOWINGLY GAIN FROM THE DISTINCTIVE TRAITS DUE TO GENETIC MODIFICATION OR GENETIC ENGINEERING. S 2. This act shall take effect immediately.

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