N.D. Cent. Code § 4.1-44-08

4.1-44-08. Genetically modified seed - Patent infringement - Sampling - Mediation

1. For purposes of this section, "farmer" means the person responsible for planting a

crop on, managing the crop, and harvesting the crop from land on which a patent

infringement is alleged to have occurred.

2. a. Before a person holding a patent on a genetically modified seed may enter upon

any land farmed by another for the purpose of obtaining crop samples to

determine whether patent infringement has occurred, the person holding the

patent shall:

(1) Provide written notice to the agriculture commissioner of the person's belief

that a patent infringement has occurred and include facts supporting the

allegation;

(2) Provide written notice to the farmer of the allegation that a patent

infringement has occurred and request written permission to enter upon the

farmer's land; and

(3) Obtain the written permission of the farmer.

b. If the farmer withholds written permission, the person holding a patent may

petition the district court of the judicial district in which the property is located for

an order granting permission to enter upon the farmer's land.

3. The farmer may accompany the person holding the patent at the time any samples are

taken.

4. If requested by the farmer or the person holding the patent, the state seed

commissioner shall accompany the person holding the patent at the time any sample

is taken. The state seed commissioner may impose a fee for providing that service.

The patent holder and the farmer shall each pay one-half of the fee charged by the

commissioner.

5. If the person holding a patent believes that the crop from which samples are to be

taken may be subject to intentional damage or destruction, the person may seek a

protection order from the district court. The protection order may not interrupt or

interfere with normal farming practices, including harvest and tillage.

6. The person holding the patent may take samples from a standing crop, from

representative standing plants in the field, or from crops remaining in the field after

harvest.

7. The person holding the patent may not obtain more samples than are reasonably

necessary to make a determination regarding patent infringement. An equal number of

samples must remain in the custody of the state seed commissioner or the farmer for

future comparison and verification purposes. All samples taken must be placed in

containers labeled as to the date, time, and location from which they were taken. The

labels must be signed by the farmer, the person who took the samples, and the state

seed commissioner if the commissioner was present at the time the samples were

taken. The patent holder and the farmer shall share equally the cost of the containers

needed for the second set of samples that are retained by the state seed

commissioner or the farmer. The farmer and the person holding the patent shall share

equally the cost of the containers and the cost of obtaining the samples.

8. Within sixty days from the date the samples are taken, an independent laboratory shall

conduct all tests to determine whether patent infringement has occurred. The person

holding the patent shall notify the farmer of the test results, by certified mail or by any

other method of delivery for which a signature is required, within twenty-one days from

the date the results were reported to the person holding the patent.

9. The parties may participate in mediation at any time. The mediation must be

conducted by a mediator jointly selected by the farmer and the person holding the

patent. If the farmer and the person holding the patent are unable to select a mediator,

the mediation must be conducted by an independent mediation service.

10. If the case is not settled after mediation, either party may file a claim for relief with the

federal district court having jurisdiction over the claim. Unless otherwise specified in a
selected by the farmer and the person holding the

patent. If the farmer and the person holding the patent are unable to select a mediator,

the mediation must be conducted by an independent mediation service.

10. If the case is not settled after mediation, either party may file a claim for relief with the

federal district court having jurisdiction over the claim. Unless otherwise specified in a

contract between the farmer and the person holding the patent, the appropriate state

district court is the one that has jurisdiction over that portion of this state in which the

farmer's land is located.