Schmeiser loses again

[k hanly <khanly@xxxxxxxxxxxxxxx>]

Monsanto can hold plant patent: SCOC
Ottawa - Biotechnology giant Monsanto can hold a patent on its
genetically-modified plant, the Supreme Court of Canada said Friday, ruling
against a Saskatchewan farmer.


In a 5-4 decision, the court upheld Monsanto's patent over its Roundup Ready
canola.

The company alleged farmer Percy Schmeiser grew the patented canola seeds
without paying for them, infringing on the company's patent.

Schmeiser argued the canola seed blew onto his property from a nearby
farmer's truck without his knowledge. He has said the plants "polluted" his
fields.



Monsanto inserts a gene into a canola plant to make it pesticide resistant,
and holds patents on the gene and the insertion process. It argued the
patents should extend to control of the plant.

In a small victory for Schmeiser, the Supreme Court ruled he does not have
to pay to Monsanto the $19,000 he made from his 1998 crop harvest.

In 2002, the Federal Court of Appeal upheld an earlier ruling that found
Schmeiser guilty of illegally planting the Monsanto canola on his property.
He was ordered to pay $175,000 in damages, plus court costs.

In 2003, the government of Ontario intervened in Schmeiser's Supreme Court
case, saying it has "important implications for the development of public
policy in Ontario, including the delivery of health care to its residents."
Ontario argued a gene molecule can be patented, but not the genetic
information within the molecule.

The Supreme Court of Canada has already ruled against patenting a higher
life form in the case of the Harvard mouse.

http://calgary.cbc.ca/regional/servlet/View?filename=ca_monsanto20040521