(Wednesday, Oct. 6, 2004 -- CropChoice news) -- Stephen Leahy, Inter Press Service: BROOKLIN, Canada - Canadian farmers' traditional right to save seeds is being threatened by proposals to collect royalties on virtually all such seeds following agribusiness giant Monsanto's victory over grower Percy Schmeiser.
Monsanto alleged that Schmeiser illegally saved its genetically engineered ”Roundup Ready” canola (oilseed rape) in 1997, after the firm obtained plants from his farm the following year that contained its patented genetics.
Throughout six years of litigation, Schmeiser steadfastly maintained his fields were contaminated by pollen from a neighbour's Roundup Ready canola fields and by seeds that blew off trucks on their way to a nearby processing plant.
Despite widespread evidence of contamination on many other farms, the Supreme Court determined the farmer infringed on Monsanto's legal rights under Canada's Patent Act by 'using' the company's patented gene when he harvested and sold his crop.
Monsanto alleged that Schmeiser illegally saved its genetically engineered ”Roundup Ready” canola (oilseed rape) in 1997, after the firm obtained plants from his farm the following year that contained its patented genetics.
Throughout six years of litigation, Schmeiser steadfastly maintained his fields were contaminated by pollen from a neighbour's Roundup Ready canola fields and by seeds that blew off trucks on their way to a nearby processing plant.
Despite widespread evidence of contamination on many other farms, the Supreme Court determined the farmer infringed on Monsanto's legal rights under Canada's Patent Act by 'using' the company's patented gene when he harvested and sold his crop.
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