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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Maybe progress - maybe not
Authored by: Anonymous on Thursday, June 13 2013 @ 01:29 PM EDT

It really depends how the Court will view that "accidental" part.

Let's say I've got a crop going. I've been quite a successful farmer - always being able to use a portion of the previous crop for the next.

Along comes a farmer a couple hundred km away who uses GM seed. Nature does it's thing.

A few generations later I find out my crop has been "infected" but I don't know how much or even when.

The magic questions are:

    Do I now have to completely destroy my crop and start with fresh seed?
because:
    If I continue doing what I've been doing for a decade - it'll be seen as deliberately (as opposed to accidentally) making use of the GM product?
I'll have to review, but I'd be surprised if the Court touched on that possibility to clarify what "accidental use" will be viewed Legally as.

RAS

[ Reply to This | Parent | # ]

But...
Authored by: Anonymous on Thursday, June 13 2013 @ 04:35 PM EDT
Who gets to define "trace"?

[ Reply to This | Parent | # ]

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