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Yes, but if I recall correctly, farmers have been sued because their non-patented plants had been pollenated by neighboring fields of patented plants and so the
by jonah 14y ago
Yes, but if I recall correctly, farmers have been sued because their non-patented plants had been pollenated by neighboring fields of patented plants and so theirs now carried the traits...
- tptacek 14y agoThat is a popular concern but I haven't read a case based on it. All of the cases I've seen include the allegation that the farmer sprayed their crop with glyphosphate. If you have a link to a case where that was not alleged, I'd love to read it.
- jonah 14y agoGood point. I haven't been following the situation as closely as you have, but I'd venture to say that there have already or soon will be cases where it was truly accidental. The discussion on this article[1] point to a number of cases fairly close to the line. [1] http://www.npr.org/blogs/thesalt/2012/10/18/163034053/top-five-myths-of-genetically-modified-seeds-busted http://www.npr.org/blogs/thesalt/2012/10/18/163034053/top-fi...
- johnrgrace 14y agoIANAL, but making copies of the genes in question via growing seeds should be fine because the gene is protected by a patent not copyright. If you're growing seeds with the genes in them I don't see that that actually IS a violation of the patent because a necessary part beyond the expression of the CP4 EPSPS gene in the plant is the process of spraying them. For this specific case if you don't spray I don't think the patent is infringed upon.
- johnrgrace 14y agoThe critical think people forget is if you DON'T have the roundup up ready gene seeds, spraying your crop with glyphosphate will kill it so taking that action means you know you have seeds with the genes and are using them.