“The problem is that Mr. Schmeiser has been saving and replanting seeds for decades,” says Steven Shrybman, counsel representing the coalition, “The Court will have to confront the question of whether a patent can be infringed when the alleged infringer has not made use of or benefited from the properties of an invention, which is exactly what happened here.”
This appeal requires the Court to decide what constitutes patent infringement when dealing with life forms such as plants, which have the capacity to reproduce themselves.
“The Federal Court failed to consider public interest and by doing so has taken away the existing rights of the broader community,” adds Nadège Adam of the Council of Canadians. “This isn’t simply a David and Goliath story anymore. All Canadians have a stake in this verdict.”
The coalition includes Canadian organizations such as the National Farmers Union and the Sierra Club of Canada.
“As it stands, the responsibility of dealing with environmental contamination is shouldered by the public-at-large as opposed to the polluter,” says Andrea Peart of the Sierra Club of Canada. “Innocent third parties are considered responsible for unwanted intruders containing Monsanto’s patented gene. That’s not fair.”
The precedence associated with this groundbreaking case has also attracted key international groups to the coalition. These include the Action Group on Erosion, Technology, and Concentration, the Research Foundation for Science, Technology and Ecology, led by renowned Indian environmentalist Dr. Vandana Shiva, and the Washington-based International Center for Technology Assessment (ICTA).
“Currently the US is attempting to force its plant patenting policies on the rest of the world”, says Andrew Kimbrell, Executive Director of ICTA. “This would seriously undermine the genetic diversity of the world’s crops and lead to the destruction of the livelihoods of millions of farmers by prohibiting them from saving seeds. The Supreme Court of Canada’s reversal of the lower court’s decision in this case would be a critical step in halting the patenting of life and restoring the rights of farmers.”
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For more information, please contact :
Laura Sewell, Media Officer, Council of Canadians :lsewell@canadians.org
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The Council of Canadians
502-151 Slater Street, Ottawa, ON K1P 5H3.
Tel: (613) 233-2773; Toll-free: 1-800-387-7177
Fax: (613) 233-6776
inquiries@canadians.org
www.canadians.org
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The question before the courts is, do they represent the interest of Canadians or do they represent Corporate interests. I\'m finding that more and more, the two are mutually exclusive.
Note: I\'m not sure the article is correct, in that, Mr. Schmeiser was not caught saving and planting GMO seeds, but that the plants were discovered growing in a drainage ditch on his property by the Monsanto Narcs!
If the article is indeed accurate, I apologize.
Since he never purchased Monsanto seeds and those seeds found their own way into Schmeiser\'s field, it should not matter whether he knew or not.
I had canola growing in my garden a few years ago. Since Monsanto has an outlet close to me it could well have been theirs. If I was to allow that canola to grow, would I be at fault too? According to the decision where Schmeiser was found at fault I would be.
Let\'s hope the powers that be come to their senses this time around.
I say Monsanto should be charged for the harvesting, and contaminating our crops, as many other countries don\'t want GM products. We have more to lose in the long run, not to mention do we really want our farmers dependant on Monsanto for their seed every year, as the price goes up and they are out of business, gradually the entire industry is dependant on an outside source?
A good lawyer would connect the two cases and make it a little more difficult for the judge to come to a conclusion.
Just a thought.
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"Arrogance in Politics is unacceptable"
Jim Callaghan
Minden, Ontario
705-286-1860
www.misterc.ca