New legal advice obtained by Greens MP Ian Cohen 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 last year.
“Our 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, it will provide none against the Patents Act which is enforceable through the Federal Court.
“Farmers were relying on the Opposition to make sure they were protected by a solid legal liability regime. Instead, they buckled under the Government’s pressure and now farmers are left with a legal Swiss cheese standing between them and the biotech multinationals.
“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’. Clearly this is a promise they were never able to make and cannot keep.
“It’s no surprise that a Rural Press survey of farmers in October of last year found that only 27% want the option of growing GM grain crops. Farmers tell us this is because farm gate benefits remain unproven and legal liability issues have not been sorted out. In addition, the community tell us they don’t want to eat GM foods.
“Farmers have been sold a dud with these GM canola amendments. The crop is famous for the promiscuous pollination that makes segregation from GM-free product impossible. Unfortunately our major party politicians are equally infamous for their promiscuous pollination of bad legislation.
“The moral majority are right on this one – the only way to protect against GM foods is to ‘just say no’,” said Mr Cohen.
Further Information: Ian Cohen: 0409 989 466 or Nic Clyde on 0417 742 754
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