http://cbc.ca/cgi-bin/templates/view.cgi?/news/2001/03/29/monsanto_schmeiser010329
Sask. farmer loses to biotech company
WebPosted
Fri Mar 30 08:18:14 2001
BRUNO, SASK. -
A multinational biotech company has successfully sued a Saskatchewan
farmer for growing its special canola without a licence. The case raised
debate over new food technology.
Monsanto took Percy Schmeiser of Bruno, Sask. to court for illegally
using the company's genetically modified and pesticide-resistant canola
seeds.
The court gave the two sides three weeks to agree on a sum for monetary
damages. If they can't, Schmeiser will pay Monsanto $15,450.
Schmeiser is also prohibited from planting seed kept from his 1997 and
1998 crops.
Alan McHughen, an author and plant geneticist, says the ruling clarifies
that farmers can't grow genetically modified seed they haven't paid for,
and if they find it growing on their land, they must destroy it.
"Farming, like all businesses, has become more complex and farmers need
to know clearly what the rules are, and one of the benefits of this
ruling is that it makes the rules a little bit more clear," he says.
Case
takes toll on Schmeiser, family
Schmeiser admits the canola was growing on his 1,400-acre farm, but
argued the seeds blew over from a neighbour's farm or from passing seed
trucks. He argued that he had the right to replant his seeds without
paying anyone for them again and again.
Schmeiser, 70, has become a champion among those opposed to genetically
modified foods.
"I've lost 50 years of work because of a company's genetically altered
seed getting into my canola, destroying what I've worked for, destroying
my property and getting sued on top it," he said.
Monsanto defends patent
Monsanto argued that it owned the plants since it owns the patent on
their altered genes. It says farmers must pay each time they use seeds
containing the genes or destroy their crop.
The company had argued it was a simple case of patent law, and it
deserved to be paid for what it owns.
In a written statement, Monsanto said, "This decision means companies
like ours can continue to invest in important research in Canada,
knowing our rights will be respected."
Schmeiser has counter-sued the company, saying its seeds have now
contaminated his crop.
Written by CBC News Online staff
A federal court ruled Thursday that Schmeiser violated the company's
patent on the seeds. Monsanto has spent billions of dollars developing
and patenting the special canola.
Read the full ruling
Percy Schmeiser
On Thursday, Schmeiser
said he was "disappointed and upset" over the ruling. He also broke down
when he told reporters how the case has exhausted his and his wife's
retirement funds.
-- Fair USE Act Quotation for research and educational use
(perry@ofuzzy1.com), March 30, 2001