24.05.2004 |

Canadian Supreme Court votes 5:4 for Monsanto against Percy Schmeiser

In a narrow vote the Supreme Court of Canada ruled that plants are patent protected in Canada. Therefore Monsanto was entitled to prevent Canadian farmer Percy Schmeiser from using seeds containing their patented RoundupReady genes, no matter how he obtained these seeds. However, as Schmeiser had no profits from the use of the RR-canola, Monsanto was not entitled to compensation for his use of the patented plants on his fields. The court ruled on the assumption that Schmeiser intentionally planted Roundup Ready seeds and that they where not the result of accidental contamination blown by from neighboring fields.</p><p><a href="http://www.nytimes.com/2004/05/22/business/worldbusiness/22crop.html?ex=1085803200&en=a0a5cd3d31bf120f&ei=5062&partner=GOOGLE">New York Times: Monsanto Wins Patent Case on Plant Genes</a></p><p><a href="http://www.canada.com/montreal/montrealgazette/news/story.html?id=eb3a6d9e-453b-4b9a-b33f-d011a80ebc7c">Montreal Gazette: Supreme Court rules for Monsanto in key battle with Saskatchewan farmer over seed</a></p><p><a href="http://www.etcgroup.org/article.asp?newsid=454">ETC Group: Canadian Supreme Court Tramples Farmers' Rights</a></p><p><a href="http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2004scc034.wpd.html">Supreme Court of Canada: Monsanto Canada Inc. v. Schmeiser</a>