Monsanto v Schmeiser — Round III now in the Supreme Court of Canada

The case of Percy Schmeiser, the Saskatchewan farmer who has been at the centre of a six-year-long legal battle involving traditional farmers, environmentalists and the biotechnology industry, has been heard in the Supreme Court of Canada this week. Monsanto patented, and introduced into canola, a gene that produced plants with a resistance to the herbicide, Roundup, thereby allowing the widespread application of Roundup to a crop without fear of damaging the crop itself. Genetically engineered canola seed has been produced and marketed by Monsanto in Canada since 1996. Monsanto alleged that its patent was infringed by Mr. Schmeiser who grew and sold his canola and reused his seeds, without a licence from Monsanto, for which the company charges an annual fee of $15 per acre. Mr. Schmeiser claimed that the seed at issue blew onto his property from nearby fields or passing trucks. The trial Court ruled that Mr. Schmeiser "knew or ought to have known" that the seed he was using was "Roundup Ready Canola" and awarded Monsanto $19,832 in damages, as well as substantial legal costs. On appeal, the Federal Court of Appeal upheld the ruling. In May, 2003, the Supreme Court of Canada indicated that it would hear an appeal. The case raises a wide range of critical issues about the patenting of life forms and is being watched with interest both in Canada and from abroad. It will build on last year's "Harvard Mouse" ruling which found that higher life forms are not patentable under Canada's Patent Act (see http://dww.local/?page_id=1021) and perhaps resolve some of the confusion whether plants can be considered higher life forms. When the Supreme Court's decision is released, E-TIPSâ„¢ will summarize the result. For the text of the Federal Court decision, see: http://decisions.fct-cf.gc.ca/fct/2001/2001fct256.html. For the text of the Federal Court of Appeal decision, see: http://decisions.fct-cf.gc.ca/fct/2002/2002fca309.html. Related news stories: http://makeashorterlink.com/?D22A55727; and http://makeashorterlink.com/?L26A31727. Summary by: Clare McCurley For more information on how the issue raised in the Monsanto case may affect you, contact Gervas Wall (gwall@dww.com)