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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A298
SPONSOR: Abinanti (MS)
 
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 genet-
ically engineered or genetically modified organisms into his or her
plants or seeds.
 
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the
general obligations law by adding a new section 9-107 to provide an
affirmative defense against any liability if the party who is sued for
damages of a patent, trademark, or other intellectual property rights
shows 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 know-
ingly gain from the distinctive traits due to genetic modification or
genetic engineering.
Section 2 is the effective date.
 
JUSTIFICATION: This bill seeks to help farmers by providing them with
an affirmative defense if they are sued for planting genetically modi-
fied organisms or genetically engineered plants without purchasing the
rights to do so.
 
PRIOR LEGISLATIVE HISTORY: 2013/14: A5323 Passed Assembly; same as
S4315 (Young) referred to judiciary; 2011/12: A.2111/S.785: Passed
Assembly; 2009/10: A.2373/S.2483: Passed Assembly; 2007/08:
A.1403/S.4951: Passed Assembly; 2005/06: A.1468: Passed Assembly;
2003/04: A.1911; 2001/02: A.11674
 
FISCAL IMPLICATIONS: None to the state.
 
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK
________________________________________________________________________
298
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. ABINANTI, KEARNS -- read once and referred 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:
1 Section 1. The general obligations law is amended by adding a new
2 section 9-107 to read as follows:
3 § 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 § 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