11-22-2013, 04:43 PM
quote:
Originally posted by geochem
quote:
Originally posted by Bullwinkle
Monsanto has alleged seed patent infringement in 144 lawsuits against 410 farmers and 56 small farm businesses in at least 27 U.S. states as of January of 2013.
But my question was whether commercial seed companies have gone after farmers who have unintentionally had their seed stock contaminated by pollen from another GMO planting. If those farmers and farm businesses were trying to recover benefit from the GMO variety without compensating the developer of that intellectual property, then they were violating the law.
Our patent system allows recovery of payment for use of intellectual property: I cannot take a recent best seller and scan it and then sell copies of that book (or even give it away) without paying a royalty to the copyright holder. It is illegal to distribute copies of recordings or films - or even show them for compensation - without paying for that use.
Why crops should be exempted from intellectual property rights of the developer hasn't been explained to me. If you want to grow non-patented plants, you are free to do that: individuals have the ability and the right to grow non-patented varieties at will. But, if they are unwilling to accept the less desirable characteristics of the non-patented varieties, why should they be allowed to take advantage of, and profit from, the intellectual and financial resources that were invested into the development of the patented varieties without some compensation to the individuals and businesses that made the initial investment? If I were to show up at the (presumably organic) farms of the GMO opponents and went into their field and started harvesting their crops and carrying them off to the farmers markets to sell, how is that any different from stealing intellectual property? Those (organic) crops came about through the skill (intellectual property) of the farmer, his labor, and his costs of seed and other crop inputs.
So, again, are there documented cases of seed companies pursuing litigation against inadvertent use of GMO seed?
So, again, are there documented cases of seed companies pursuing litigation against inadvertent use of GMO seed?
try this link... not hawaii related but
http://articles.mercola.com/sites/articl...santo.aspx