Text: SF02222 Text: SF02224 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 673A.1 DEFINITIONS.
1 2 1. "Claim" means a claim, counterclaim, cross-claim, or
1 3 complaint as part of a legal cause of action or a petition for
1 4 equitable relief that is recognized by the Iowa rules of civil
1 5 procedure.
1 6 2. "Contamination" means the presence of a plant or plant
1 7 part, including but not limited to a crop's seed, on crop
1 8 operation property, if the plant or plant part was
1 9 unintentionally transferred from another location and its
1 10 presence alters the genetic characteristics of plants growing
1 11 on the crop operation property or is commingled with crops
1 12 located on the crop operation property.
1 13 3. "Crop" means the same as defined in section 717A.1.
1 14 4. "Crop operation property" means the same as defined in
1 15 section 717A.1.
1 16 5. "Genetically engineered" means to alter the genetic
1 17 characteristics of a plant or plant part by modifying the
1 18 deoxyribonucleic acid of the plant or plant part in a manner
1 19 other than by pollination.
1 20 6. "Genetically engineered crop seed" means seed that is
1 21 used to produce a crop, if the seed has been genetically
1 22 engineered.
1 23 7. "Patent holder" means a person who holds rights of
1 24 intellectual property in a plant or plant part, including but
1 25 not limited to a genetically engineered crop seed or crop
1 26 originating from a genetically engineered crop seed, which is
1 27 granted a letters patent by the United States patent and
1 28 trademark office of the United States department of commerce.
1 29 Sec. 2. NEW SECTION. 673A.2 LIABILITY.
1 30 1. A person who holds a legal or equitable interest in
1 31 crop operation property or who keeps and preserves any crop by
1 32 planting, nurturing, harvesting, or storing the crop on crop
1 33 operation property, or by storing, planting, or nurturing the
1 34 crop's seed on crop operation property is not liable for
1 35 contamination of the crop operation property, including but
2 1 not limited to contamination of a crop or crop seed located on
2 2 the crop operation property.
2 3 2. If a party unsuccessfully asserts a claim based on the
2 4 infringement of rights as a patent holder due to the presence
2 5 of a plant or plant part on the other party's crop operation
2 6 property, the court shall order that the party asserting the
2 7 claim pay to the other party all litigation expenses which
2 8 shall include the other party's reasonable attorney fees and
2 9 reasonable expenses of expert witnesses, and court costs. The
2 10 litigation expenses shall be taxed as court costs, collected
2 11 by the clerk of the district court, and paid to the county
2 12 treasurer as provided in section 331.902.
2 13 3. This section does not limit a person from asserting a
2 14 claim or receiving damages or being granted injunctive relief
2 15 based on the claim, if the claim alleges that the person's
2 16 crop operation property was contaminated by another person.
2 17 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 18 immediate importance, takes effect upon enactment.
2 19 EXPLANATION
2 20 This bill creates new Code chapter 673A that applies to
2 21 claims (including a claim, counterclaim, cross-claim, or
2 22 complaint that is part of a legal cause of action or a
2 23 petition for equitable relief) based on an assertion relating
2 24 to the presence of a genetically engineered plant or plant
2 25 part that is wrongfully located on another person's crop
2 26 operation property (e.g., a field, orchard, nursery,
2 27 greenhouse, garden, elevator, seedhouse, barn, warehouse, or
2 28 vehicle in which a crop is maintained).
2 29 The bill provides that a person who holds a legal or
2 30 equitable interest in crop operation property or who keeps and
2 31 preserves any crop is not liable for contamination of the
2 32 person's crop operation property or the crops located there by
2 33 a genetically engineered plant or plant part. "Contamination"
2 34 is defined to mean the presence of the genetically engineered
2 35 plant or plant part that was unintentionally transferred to
3 1 the crop operation property.
3 2 The bill provides that if a party is unsuccessful in
3 3 asserting a claim based on the infringement of patent rights
3 4 due to the presence of a plant or plant part on the other
3 5 party's crop operation property, the court shall order that
3 6 the party asserting the claim pay the other party all
3 7 litigation expenses.
3 8 Finally, the bill provides that its provisions do not limit
3 9 the right of a person to assert a claim or receive damages or
3 10 be granted injunctive relief based on a claim which alleges
3 11 that the person's crop operation property was contaminated.
3 12 The bill takes effect upon enactment.
3 13 LSB 5657SS 79
3 14 da/sh/8
Text: SF02222 Text: SF02224 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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