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nafex - Re: [NAFEX] Moral and Legal Patent Quandries

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  • From: "Hal Love" <lovehd@comcast.net>
  • To: "North American Fruit Explorers" <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Moral and Legal Patent Quandries
  • Date: Wed, 15 Feb 2006 16:47:55 -0600

These are very good questions that are still be sorted out. Ever hear of
Percy Schmeiser, the Canadian farmer whose canola crop was contaminated with
patented Roundup Ready canola, who was then sued by Monsanto? Take a look at
http://www.percyschmeiser.com/.

Hal


----- Original Message -----
From: "Mike Levine" <mlevine@umich.edu>
To: <breen@fedcoseeds.com>; "North American Fruit Explorers"
<nafex@lists.ibiblio.org>
Sent: Wednesday, February 15, 2006 12:38 PM
Subject: Re: [NAFEX] Moral and Legal Patent Quandries


> I have some questions about moral and legal patent issues also. If a gene
> is inserted into a plant and patented, but the plant is one that can
easily
> spread across property lines or can spread it's pollen across property
> lines, is the progeny of that plant protected by patent law?
>
> If I genetically modify and patent a strawberry and it spreads to your
> property, are you violating my patent rights? What if you plant seed from
> that strawberry on your property and it contains my patented gene, are you
> violating my rights? What if an animal vector plants it?
>
> What if my plant becomes a serious nuisance weed on your farm, resulting
in
> lower crop yields and increased labor or other costs? Can you sue me?
>
> What about if my genetic experiment crosses with seed you've been saving
for
> your breeding project and now you can't use the stock from your breeding
> project because I own a patent on a gene that contaminated your stock?
>
> What about if my genetic experiment crosses with seed you use on your
> organic farm without your permission? Can you still sell the produce as
> organic? Can you sue me?
>
>
> Mike Levine
> Ann Arbor, MI zone 5b





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