Finally, following an analysis of the means by which farmers and biotechnology companies inefficiently use litigation to pursue their goals, this note argues for the use of GURTs as a solution to the problem of social cost in a GMO context.
35) This section first examines how the development of GURTs has led to increased regulation.
37) In essence, GURTs have the potential to extend intellectual property protection beyond the length provided by statute.
The threats associated with GURTs specifically include many of the same risks posed by GMOs in general.
Because GURTs are a subset of GMOs, any proposal for the regulation of GURTs should be made within the context of the existing regulatory framework governing GMOs.
Any proposal for a liability regime addressing harm resulting from GURTs must include an analysis of marginal benefits and costs.
SEEDS OF HOPE: GURTs AS AN ALTERNATIVE TO A LIABILITY REGIME
GURTs would provide a solution to both farmers and biotech companies, reducing the need for litigation and reducing the chances of environmental damage from blow-by, genetic drift, or gene wandering.