Skip to Content.
Sympa Menu

livingontheland - [Livingontheland] legal liability after growin or being poluted by GM crops

livingontheland@lists.ibiblio.org

Subject: Healthy soil and sustainable growing

List archive

Chronological Thread  
  • From: "Tradingpost" <tradingpost@gilanet.com>
  • To: livingontheland@lists.ibiblio.org
  • Subject: [Livingontheland] legal liability after growin or being poluted by GM crops
  • Date: Thu, 26 Feb 2004 08:50:50 -0700


Published in Crop Sci. 44:456-463 (2004)
The article below gives a clear explanation of the legal aspects of
growing or being polluted by GM crops. The article could be quite helpful.
CROP PHYSIOLOGY & METABOLISM
Legal Liability Issues in Agricultural Biotechnology
Drew L. Kershen*
The University of Oklahoma Law Center, Andrew M. Coats Hall, 300
Timberdell Road, Norman, OK 73019-0701

* Corresponding author (dkershen@ou.edu).

This article presents an overview of the legal liability issues in torts
and patent law that arise from the use of transgenic crops produced by
agricultural biotechnology. Torts—A tort is a civil legal action whereby
the claimant alleges injury or wrong, arising independent of contract,
to the person or property of the claimant. The article begins with legal
liability claims for damage to property, damage to persons, and damage
to economic interests (markets) that may arise with the use of
transgenic crops. The tort theories discussed include the legal claims
of trespass, strict liability, negligence, private nuisance, and public
nuisance. With respect to each tort theory, the discussion points out
unique legal issues that are likely to exist specifically because the
litigation involves agricultural biotechnology. Patent Infringement—The
article ends by focusing on four patent infringement cases that courts
in Canada and the USA have decided regarding farmers who used patented
seed from agricultural biotechnology without permission of the patent
holder. As of May 2003, these are the only four patent infringement
cases that have resulted in formal legal opinions by courts construing
patent and antitrust laws in the context of farmers saving seeds
protected by patents.






  • [Livingontheland] legal liability after growin or being poluted by GM crops, Tradingpost, 02/26/2004

Archive powered by MHonArc 2.6.24.

Top of Page