Their argument seems to be that I have to make an effort to isolate the descendants of your strain to be in violation of your IP rights. They're not talking about the situation where I let your strain mingle with mine and take no other action.
Define "make an effort." This gray area is an automatic settle out of court auto-win button.
If i'm a good farmer, wouldn't i be trying to isolate the best crops from my fields? And isn't there a high chance that the best ones were the genetically modified ones?
I think if they are going to claim IP rights over the natural reproductive system of these plants, that they should be able to be sued for massive damages when they knowingly "pollute" other people's crops with their genes. Property rights goes in both directions. Fine, it's your property -- why are you polluting all of my crops?