senate Bill S785

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2111
Versions:
S785
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง9-107, Gen Ob L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A2373, S2483, A2373
2007-2008: A1403, A1403

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   785

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01642-01-1

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