Ian Cohen - Legal advice torpedoes protection for GM-free farmers

Greens MP Ian Cohen has obtained new legal advice which warns that biotech companies will still be able to sue NSW farmers for patent infringement despite the so-called “legal liability” protections negotiated by the Coalition at the end of 2007. According to Ian Cohen, the advice is that the Gene Technology (GM Crop Moratorium) Amendment Act 2007 will not protect NSW farmers against patent infringement actions that may be pursued by biotech companies.

Whilst the amendments will provide some cover for farmers in NSW courts, Ian Cohen stated that the amendments provide none against the Patents Act which is enforceable through the Federal Court. According to Ian Cohen, the “Coalition told the Upper House in November of last year that their amendment would ‘ensure that if a non-GM grower gets GM material on his property, he will not be liable to prosecution as a result”.

“The moral majority are right on this one – the only way to protect against GM foods is to ‘just say no’”

Legal advice torpedoes protection for GM-free farmers


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