Interesting to see this fundamental question so succinctly posed by a US professor of law:

If the legal system has determined that corporations such as Monsanto have a right to ownership and control over GMOs, what about their legal responsibility for its impact?  

Example:"Farmers in this province are spending tens of thousands of dollars trying to get rid of this canola that they didn't plant. They have to use more and more powerful pesticides to get rid of this technology, and Monsanto seems to have no liability."

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GMOS MAY BACKFIRE ON COMPANIES [via Agnet]
August 14, 2001
The Leader-Post (Regina)/CP

SASKATOON -- Martin Phillipson, a U of S law professor, was cited as telling a panel discussion on the ethics of new technologies at the Canadian Bar Association's annual conference that, while it seems the legal system has determined that corporations such as Monsanto have a right to ownership and control of the genetically modified organisms (GMOs) they create, that may not be the end of their legal battles, adding, "Does Monsanto have any liability for this technology? Farmers in this province are spending tens of thousands of dollars trying to get rid of this canola that they didn't plant. They have to use more and more powerful pesticides to get rid of this technology, and Monsanto seems to have no liability."

Phillipson was further cited as saying that those who take the view that GM crops are a form of pollutant are starting to explore the idea that the corporations who own the technology should be left holding the bag if contamination by a GM crop causes property damage to others, adding, "That's a significant issue for this country. We have to find out what the legal ramifications are. If something goes wrong, who is going to pay for it? One of the big issues that is coming to a head right now is, what are the obligations of the owners?'' Phillipson pointed to a decision by organic farmers in Australia not to guarantee that organic canola grown in North America is pure because the  seed supply is so contaminated.

Alan McHughen, senior research scientist at the U of S Crop Development Centre, was cited as countering Phillipson with a warning that the legal  community should make sure it has solid information about genetic modification before debating the issue, adding, "Contamination is a very  emotional term and I would encourage you to look beyond that and say how  does it relate to the status quo. I mean seeds get mixed up all the time. Ever since we started agriculture, the seeds get blown across a field and so on."

McHughen was further cited as saying it is wrong to ask the scientists to prove that genetically modified crops are not harmful, adding, "The scientific community cannot prove negatives. We cannot prove that something is absolutely safe and will never cause harm. All we can say is, 'This is as safe as what you're currently eating.'