Biotechnology, Property Rights and the Environment

Grossman, Margaret Rosso

doi:10.2307/840877

Cited by 2 publications

(5 citation statements)

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“…Those who produce or use agricultural biotechnology products need to know about the legal standards by which they may be held accountable for damages. In addition, those who might potentially be damaged by agricultural biotechnology need to be aware of the kinds of claims that they might assert to establish legal liability against producers and users of this technology (Grossman, 2002, p. 227–239).…”

Section: Tort Liabilitymentioning

confidence: 99%

“…If seed producers or organic producers believe that they have suffered damages from transgenic pollen flow, they may bring a common law cause of action based in trespass (Grossman, 2002; Repp, 2000). Trespass involves the physical invasion of the possessory interests of the property (land) of the person claiming damages with the damages being caused by the farmer of the transgenic crops.…”

Section: Tort Liabilitymentioning

confidence: 99%

“…Persons who believe that their land or crops has been damaged by a neighbor's transgenic crops may bring a tort claim in strict liability—i.e., liability without fault and despite the exercise of utmost care—if the activity of growing transgenic crops is abnormally dangerous (3. Restatement of the Law,1977, §§ 519–524; Enders, 2000; Grossman, 2002; Repp, 2000).…”

Section: Tort Liabilitymentioning

confidence: 99%

“…Using more technical legal language, Section 282 of the Restatement (Second) of Torts defines negligence as “… conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm” (Restatement of the Law, 1965, § 282, 1965). Plaintiffs have the burden to prove four traditional elements of a negligence: duty of care to the plaintiff, breach of that duty by unreasonable conduct, causation (both factual and proximate) of the damages claimed, and damages (a harm or injury valued in a monetary amount) (Enders, 2000; Grossman, 2002; Repp, 2000).…”

Section: Tort Liabilitymentioning

confidence: 99%

“…The common law claims of trespass, strict liability, and negligence focus on the conduct or the activity that causes harm to the property of another. By contrast, the common law claim of private nuisance focuses not on conduct but on the interest to be protected—i.e., the private use and enjoyment of land free from nontrespassory invasion by others (Restatement of the Law, 1979, § 821D; Enders, 2000; Grossman, 2002; Repp, 2000). By focusing on the use and enjoyment of land, nuisance may overlap with the other common law claims that focus on conduct, but nuisance is a distinct and independent basis for legal liability.…”

Section: Tort Liabilitymentioning

confidence: 99%

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Legal Liability Issues in Agricultural Biotechnology

Kershen

2004

Crop Science

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This article presents an overview of the legal liability issues in torts and patent law that arise from the use of transgenic crops produced by agricultural biotechnology. Torts—A tort is a civil legal action whereby the claimant alleges injury or wrong, arising independent of contract, to the person or property of the claimant. The article begins with legal liability claims for damage to property, damage to persons, and damage to economic interests (markets) that may arise with the use of transgenic crops. The tort theories discussed include the legal claims of trespass, strict liability, negligence, private nuisance, and public nuisance. With respect to each tort theory, the discussion points out unique legal issues that are likely to exist specifically because the litigation involves agricultural biotechnology. Patent Infringement—The article ends by focusing on four patent infringement cases that courts in Canada and the USA have decided regarding farmers who used patented seed from agricultural biotechnology without permission of the patent holder. As of May 2003, these are the only four patent infringement cases that have resulted in formal legal opinions by courts construing patent and antitrust laws in the context of farmers saving seeds protected by patents.

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Section: Tort Liabilitymentioning

confidence: 99%

Section: Tort Liabilitymentioning

confidence: 99%

Section: Tort Liabilitymentioning

confidence: 99%

Section: Tort Liabilitymentioning

confidence: 99%

Section: Tort Liabilitymentioning

confidence: 99%

See 3 more Smart Citations

Legal Liability Issues in Agricultural Biotechnology

Kershen

2004

Crop Science

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Stakeholder perceptions and responses to GM crops and foods: the case of Taiwan

Fan¹

2009

Sustainable Development

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Many societies face the problem of how to cope adequately with new inventions and technologies. Many are now in the middle of debates about GM crops and foods. This paper examines how stakeholders in Taiwan perceive GM crops and foods and the implications of these perceptions for risk governance and sustainable development. The research utilizes documentary analysis, data gathered from in-depth interviews and focus group discussions. It shows civil groups' unease about unknown consequences, skepticism of the relations between politics and business, and criticisms of the failure by the government and the media to inform the public. It highlights Christian and Buddhist responses to GM issues, because elements of these religious groups have devoted themselves to public awaking for a sustainable society. It argues for the need to promote informed public deliberations and stakeholder debates on decisions about GM technology and the establishment of alliances for dealing with GM controversies and promoting sustainable development. Copyright © 2009 John Wiley & Sons, Ltd and ERP Environment.

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Biotechnology, Property Rights and the Environment

Cited by 2 publications

References 0 publications

Legal Liability Issues in Agricultural Biotechnology

Legal Liability Issues in Agricultural Biotechnology

Stakeholder perceptions and responses to GM crops and foods: the case of Taiwan

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