2004
DOI: 10.2135/cropsci2004.4560
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Legal Liability Issues in Agricultural Biotechnology

Abstract: 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. Th… Show more

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Cited by 24 publications
(14 citation statements)
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“…There are ongoing debates in the United States, Canada, New Zealand and other countries (see e.g. Smyth, Khachatourians and Phillips 2002;Kershen 2002;Conner 2003). Thus, the governance of the future co-existence of GM-crops, conventional crops and organic crops is becoming a burning issue.…”
Section: Introductionmentioning
confidence: 99%
“…There are ongoing debates in the United States, Canada, New Zealand and other countries (see e.g. Smyth, Khachatourians and Phillips 2002;Kershen 2002;Conner 2003). Thus, the governance of the future co-existence of GM-crops, conventional crops and organic crops is becoming a burning issue.…”
Section: Introductionmentioning
confidence: 99%
“…18 As is noted by Kershen, after a 14-month USDA investigation as to how this comingling occurred, costing over US$1 million, no conclusive explanation exists. 19 Over 1,000 lawsuits have been launched against the developer of LL601, Bayer CropScience, as the court rejected a class action lawsuit. 20 The authors note that some reports indicate that over 6,000 lawsuits have been filed.…”
mentioning
confidence: 99%
“…The continued appearance of off-types in wheat cultivars indicates that genetic purity can be compromised ) despite the primarily self-pollinating nature of wheat (Waines and Hegde 2003). Concerns over market acceptance of transgenic wheat and the importance of protecting patented plant cultivars necessitates heightened attention around the issue of crop to crop and volunteer to crop gene flow (Conner et al 2003;Kershen 2004). The relatively high frequency of wheat in North American crop rotations (Leeson et al 2002a,b) is of concern with respect to transgene movement and the potential for AP because it is likely that many transgenic wheat cultivars will be grown next to non-transgenic wheat cultivars.…”
mentioning
confidence: 99%