New York State Assembly

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S00785 Summary:

BILL NO	S00785
SAME AS	SAME AS A02111
SPONSOR	YOUNG
COSPNSR
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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S00785 Actions:

BILL NO	S00785
01/05/2011	REFERRED TO JUDICIARY
01/04/2012	REFERRED TO JUDICIARY

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S00785 Floor Votes:

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S00785 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           785
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        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:
 
     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.
                                                                   LBD01642-01-1

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