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A00298 Summary:

BILL NOA00298
 
SAME ASSAME AS S03085
 
SPONSORAbinanti
 
COSPNSRKearns, Weprin, Lopez
 
MLTSPNSR
 
Add S9-107, Gen Ob L
 
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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A00298 Memo:

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.
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A00298 Text:



 
                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
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