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Pesticide Action Network Updates Service
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Monsanto vs. Percy Schmeiser
April 6, 2001
On March 29, 2001, a Canadian judge dealt a crushing blow to
Farmers' Rights by ruling that Percy Schmeiser, a third generation
Saskatchewan farmer, must pay Monsanto thousands of dollars for
violating the corporation's monopoly patent on genetically
engineered (GE) canola seed.
Under Canadian patent law, as in the U.S. and many other
industrialized countries, it is illegal for farmers to re-use
patented seed, or to grow Monsanto's GE seed without signing a
licensing agreement. If the biotechnology corporations and U.S.
Trade Reps get their way, every nation in the world will be forced
to adopt patent laws that make seed saving illegal. The ruling
against Schmeiser establishes an even more dangerous precedent
because it means that farmers can be forced to pay royalties on GE
seeds found on their land, even if they didn't buy the seeds or
benefit from them.
Percy Schmeiser did not buy Monsanto's patented seed, nor did he
obtain the seed illegally. Pollen from genetically engineered canola
seeds blew onto his land from neighboring farms. (Percy Schmeiser's
neighbors and an estimated 40% of farmers in Western Canada grow GE
canola). Monsanto's GE canola genes invaded Schmeiser's farm without
his consent. Shortly thereafter, Monsanto's "gene police" invaded
his farm and took seed samples without his permission. Percy
Schmeiser was a victim of genetic pollution from GE crops--but the
court says he must now pay Monsanto US$10,000 for licensing fees and
up to US$75,000 in profits from his 1998 crop.
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