1 This case concerns a large scale, commercial farming operation that grew canola containing a patented cell and gene without obtaining licence or permission. The main issue is whether it thereby breached the Patent Act, R.S.C. 1985, c. P-4. We believe that it did.
2 In reaching this conclusion, we emphasize from the outset that we are not concerned here with the innocent discovery by farmers of "blow-by" patented plants on their land or in their cultivated fields. Nor are we concerned with the scope of the respondents' patent or the wisdom and social utility of the genetic modification of genes and cells -- a practice authorized by Parliament under the Patent Act and its regulations.
News coverage:
http://www.globeandmail.com/servlet/story/RTGAM.20040521.w4mons05211/BNStory/National/
"The Supreme Court of Canada made biotechnology history Friday with a 5-4 ruling that a Saskatchewan farmer violated a patent Monsanto Canada Inc. held on genes of genetically engineered canola seeds"
-------- Original Message -------- Subject: Monsanto Date: Fri, 21 May 2004 12:18:51 -0700 From: Jake Appelbaum <[EMAIL PROTECTED]> To: [EMAIL PROTECTED]
Hey Declan,
I thought you might be interested in reading about the Monsanto Vs Schmeiser case. Perhaps Politech would be interested.
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2004scc034.wpd.html
-- Jake Appelbaum <[EMAIL PROTECTED]>
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