HOUSE MEMORIAL 81

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Richard D. Vigil

A MEMORIAL

REQUESTING COMPANIES THAT PRODUCE, SELL AND LICENSE PATENTED SEEDS TO REFRAIN FROM TAKING LEGAL ACTION AGAINST NEW MEXICO FARMERS WHO UNINTENTIONALLY POSSESS THOSE SEEDS AND REQUESTING THE CONGRESS OF THE UNITED STATES TO CONSIDER PASSING A LAW TO PROHIBIT THE PATENTING OF LIVING MICROORGANISMS.

     WHEREAS, many New Mexico farmers opt to cultivate their crops using patented seeds, while other New Mexico farmers opt to cultivate their crops without using patented seeds, and often these farmers are neighbors; and

     WHEREAS, it is difficult to protect a farmer's crops from seeds, both patented and unpatented, that are transferred from a neighboring farmer's property; and

     WHEREAS, a farmer who comes into possession of patented seeds without having purchased or licensed the patented seeds may be in violation of federal patent law, regardless of whether or not the farmer knowingly came into possession of those patented seeds; and

     WHEREAS, it is difficult for many farmers to know whether they are violating federal patent law, which makes it difficult for those farmers to operate their farms; and

     WHEREAS, New Mexico farmers who opt to cultivate their crops without using patented seeds would be able to operate their farms more easily if they did not need to fear being the target of legal action taken by companies that produce, sell and license patented seeds; and

     WHEREAS, the New Mexico farmers who opt to cultivate their crops using patented seeds would not be affected by the cessation of such legal actions; and

     WHEREAS, in 1980, the United States supreme court, in a five to four decision in Diamond v. Chakrabarty, 447 U.S. 303 (1980), held that a live, human-made microorganism is patentable subject matter; and

     WHEREAS, this 1980 United States supreme court decision has had a great impact on New Mexico farmers; and

     WHEREAS, the congress of the United States has the power to pass a law that a live, human-made microorganism is not patentable subject matter, which would help many New Mexico farmers;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that companies that produce, sell and license patented seeds be asked to refrain from taking legal action against New Mexico farmers who unintentionally possess patented seeds; and

     BE IT FURTHER RESOLVED that the congress of the United States consider passing a law to assert that a live, human-made microorganism is not patentable subject matter; and

     BE IT FURTHER RESOLVED that the appropriate legislative interim committee be requested to study ways to protect all New Mexico farmers; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico legislative council and to the members of the New Mexico congressional delegation.

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