S T A T E   O F   N E W   Y O R K
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                                  2373

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  McENENY  --  Multi-Sponsored  by -- M. of A.
  BOYLAND, JOHN, MILLMAN -- 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:

  Section  1.  The  general  obligations  law is amended by adding a new
section 9-107 to read as follows:
  S 9-107. GENETICALLY ENGINEERED  OR  GENETICALLY  MODIFIED  ORGANISMS;
AFFIRMATIVE  DEFENSE. ANY PARTY WHO IS SUED FOR DAMAGES FOR VIOLATION OF
A PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ON THE GROUND
THAT THE PARTY POSSESSED OR USED SEEDS OR PLANTS THAT  CONTAINED  GENET-
ICALLY  ENGINEERED  OR  GENETICALLY  MODIFIED ORGANISMS WITHOUT ENTERING
INTO AN AGREEMENT  OR  PAYING  FEES  TO  THE  MANUFACTURER  OR  LICENSED
DISTRIBUTOR  OF  SUCH  GENETICALLY  ENGINEERED  OR  GENETICALLY MODIFIED
ORGANISMS SHALL HAVE AN AFFIRMATIVE DEFENSE AGAINST ANY LIABILITY IF THE
PARTY SHALL SHOW 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  KNOWINGLY GAIN FROM THE DISTINCTIVE TRAITS DUE TO GENETIC
MODIFICATION OR GENETIC ENGINEERING.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00505-01-9