Pollen Drift and the Bystanding Farmer: Harmonizing Patent Law and Common Law on the Technological Frontier
Patent law provides an impressive laundry list of defenses available to farmers who are the victims of unwanted pollen drift. The common law works hand-in-hand with patent law to ensure that a farmer’s choices are respected. Strong arguments can be made that positive economic relief should be afforded to farmers who can show the value of their crop has been diminished due to pollen drift. GMO pollen drift is a new, high-tech problem, but well-established principles of federal and state law appear prepared to offer viable low-tech solutions.
Heald, Paul J. and Smith, James C., "Pollen Drift and the Bystanding Farmer: Harmonizing Patent Law and Common Law on the Technological Frontier" (2006). Popular Media. 7.
Advocate, Vol. 40, No. 1 (Fall 2005/Winter 2006), pp. 2-6