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MO HB1015
Bill
Status
3/31/2011
Primary Sponsor
Leonard Hughes
Click for details
AI Summary
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Establishes mandatory dispute resolution process for intellectual property disputes involving unauthorized use of alien seeds or plants found on a farmer's land before court action may be filed.
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Dispute resolution panel must consist of farmers and business representatives with expertise in the relevant crop type from the affected area, with no affiliations to either party.
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Accusing party bears burden of proving by preponderance of evidence that the farmer knowingly planted alien crops mixed with their usual crop seed or plant type.
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If the dispute panel finds insufficient evidence, the farmer and company may file a countersuit against the accusing party for damages including lost time, loss of reputation, and crop yield reduction.
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Court may not hear intellectual property cases under this section without dispute panel findings filed with the petition; the losing party must pay reasonable portions of the other party's dispute-related fees and expenses without causing financial hardship.
Legislative Description
Requires the accusing party in a dispute arising against a farmer for unauthorized use of intellectual property based on discovery of alien seed to submit to a dispute resolution before filing a court action
Last Action
Referred: Agri-Business (H)
4/12/2011