Senate Bill S785

2011-2012 Legislative Session

Establishes an affirmative defense for damages for violation of patent, trademark or intellectual property rights relating to genetically engineered organisms

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S785 (ACTIVE) - Details

See Assembly Version of this Bill:
A2111
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง9-107, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2483, A2373
2013-2014: S4315, A5323
2015-2016: S3085, A298
2017-2018: S523, A600
2019-2020: S4206, A1104

2011-S785 (ACTIVE) - Summary

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.

2011-S785 (ACTIVE) - Sponsor Memo

2011-S785 (ACTIVE) - Bill Text download pdf 

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

                                   785

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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:

  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.
                                                           LBD01642-01-1

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