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market-farming - Re: [Market-farming] saving, growing, selling seed

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  • From: Road's End Farm <organic87 AT frontiernet.net>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] saving, growing, selling seed
  • Date: Mon, 7 Sep 2009 10:10:42 -0400

If the variety was on the market for years before gene patenting came around: it would seem to me that this should be a legal defense. On the other hand, it would seem to me that the patenting of existing genes shouldn't be allowed in the first place, but I think the patent courts are in fact allowing this.

What may be needed here is a change in patent law, by way of legislative bodies (US Congress and other countries' equivalents). I don't at the moment know of a push for this, and political agendas at least in the US are rather full now otherwise; but might bring it up at next NOFA-NY annual meeting -- does anyone know Farm Bureau current policy on this specific issue? (please let's not go off on politics in general, but stick to the seed gene patenting question, which I think is relevant to this list.)

-- Rivka; Finger Lakes NY, Zone 5 mostly
Fresh-market organic produce, small scale

On Sep 7, 2009, at 9:51 AM, Wyatt Jones wrote:

True but how is one to make sure there isn't a patented gene in the mix unless you have a pretty sophisticated lab and extensive resources to determine it isn't?  Even if there isn't one an Ag corporation could claim there is if it came from their seed and unless you can definitively prove there isn't the courts would probably side with them.  At the very least they could harrass you to death. 




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