Abstract
Non-GMO based farmers whose crops or cropland have become contaminated with GMO materials find themselves in a legal “catch-22”. For their customers, the value in the crop is that it is not genetically modified. However, when GMO-contaminated particles from windblown pollen drift reach their crops and cropland, the farmers now no longer have a premium-priced, non-GMO crop and in fact, due to the strict liability aspect of patents, the farmers now possess a patent-infringing, GMO crop.This paper will discuss how the tortious behavior of GMO crop developers such as Monsanto and Pioneer, and their agent-farmer producers, can be mitigated or prevented despite these corporations operating under the shield of patent law that purportedly protects producers’ rights to pursue these patents commercially.
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