Bill Text: MO HB1015 | 2011 | Regular Session | Introduced
Bill Title: Requires the accusing party in a dispute arising against a farmer for unauthorized use of intellectual property based on discovery of alien seed to submit to a dispute resolution before filing a court action
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-12 - Referred: Agri-Business (H) [HB1015 Detail]
Download: Missouri-2011-HB1015-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HUGHES (Sponsor), SHIVELY, HODGES, SCHIEFFER AND QUINN (Co-sponsors).
1999L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 266, RSMo, by adding thereto one new section relating to farm commodities.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 266, RSMo, is amended by adding thereto one new section, to be known as section 266.115, to read as follows:
266.115. 1. As used in this section, the following terms shall mean:
(1) "Alien seed or plant", any seed or plant type which is of a different type than the usual or predominant crop planted on the same land;
(2) "Farmer", the person responsible for planting, managing, and harvesting a seed or plant crop.
2. In any dispute arising against a farmer for unauthorized use of intellection property based on the discovery of alien seeds or plants located on a farmer's land, the accusing party shall be required to submit the case to a dispute resolution process to resolve the dispute prior to filing any cause of action in a court of law.
3. In such dispute resolution process:
(1) The case shall be heard by a panel of farmers and business representatives with expertise in the type of seeds and plants in dispute from the area in which the dispute arose. All members of the panel shall have no affiliation with any of the parties involved in the dispute;
(2) The accusing party shall have the burden of proving by a preponderance of the evidence that the farmer knowingly had alien crops seeded with the farmer's usual or predominant crop seed or plant type; and
(3) The dispute resolution panel shall make a determination, in writing, on whether the dispute meets the requirements of subdivision (2) of this section. If the panel finds in the affirmative, the accusing party may file a cause of action in a court of competent jurisdiction based on such dispute. If the panel does not find sufficient evidence in the case, the farmer and the company may file a cause of action in a court of competent jurisdiction against the accusing party for damages for lost time, loss of reputation, and any reduction in crop yield directly resulting from such dispute.
4. No court shall hear any cause of action filed for unauthorized use of intellectual property as described in this section unless the petitioner files the findings of the dispute panel with the petition. The findings of the dispute resolution panel shall be admissible in any court action filed in the dispute.
5. The party the panel finds in favor of shall be liable for any fees or charges associated with an investigation by the accusing party pending a final determination in the disputed case. The party the panel finds against shall be responsible for paying a reasonable portion of the other party's fees and expenses associated with the dispute. The amount paid by the party the panel finds against shall not place such party in financial hardship.
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