To: <breen@fedcoseeds.com>, "North American Fruit Explorers" <nafex@lists.ibiblio.org>
Subject: Re: [NAFEX] Moral and Legal Patent Quandries
Date: Wed, 15 Feb 2006 13:38:54 -0500
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?