Bill Text: NY A05323 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-01-28 - REFERRED TO JUDICIARY [A05323 Detail]

Download: New_York-2013-A05323-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5323
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee 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:
    1    Section  1.  The  general  obligations  law is amended by adding a new
    2  section 9-107 to read as follows:
    3    S 9-107. GENETICALLY ENGINEERED  OR  GENETICALLY  MODIFIED  ORGANISMS;
    4  AFFIRMATIVE  DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR VIOLATION OF
    5  A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ON THE GROUND
    6  THAT THE PARTY POSSESSED OR USED SEEDS OR PLANTS THAT  CONTAINED  GENET-
    7  ICALLY  ENGINEERED  OR  GENETICALLY  MODIFIED ORGANISMS WITHOUT ENTERING
    8  INTO AN AGREEMENT  OR  PAYING  FEES  TO  THE  MANUFACTURER  OR  LICENSED
    9  DISTRIBUTOR  OF  SUCH  GENETICALLY  ENGINEERED  OR  GENETICALLY MODIFIED
   10  ORGANISMS SHALL HAVE AN AFFIRMATIVE DEFENSE AGAINST ANY LIABILITY IF THE
   11  PARTY SHALL SHOW THAT HE OR SHE  DID  NOT  KNOWINGLY  AND  INTENTIONALLY
   12  INTRODUCE  THE  GENETICALLY ENGINEERED OR GENETICALLY MODIFIED ORGANISMS
   13  INTO HIS OR HER PLANTS OR SEEDS OR ONTO HIS OR HER PROPERTY  AND  HE  OR
   14  SHE  DID  NOT  KNOWINGLY GAIN FROM THE DISTINCTIVE TRAITS DUE TO GENETIC
   15  MODIFICATION OR GENETIC ENGINEERING.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05853-01-3