Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 | referred to judiciary |
Feb 02, 2015 | referred to judiciary |
senate Bill S3085
Sponsored By
Catharine Young
(R, C, IP) 0 Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
S3085 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A298
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Add ยง9-107, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: S2483, A2373
2011-2012: S785, A2111
2013-2014: S4315, A5323
2017-2018: S523, A600
2019-2020: S4206, A1104
S3085 (ACTIVE) - 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.
S3085 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3085 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 by adding section 9-107 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 provides farmers 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: 2013,2014: S.4315/A.5323 Referred to Judiciary/passed assembly 2011,2012: S.785/A.2111 passed assembly
S3085 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3085 2015-2016 Regular Sessions I N S E N A T E February 2, 2015 ___________ 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. LBD03402-01-5
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