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Schmeiser Versus Monsanto

4/12/02
Percy Schmeiser looks forward to his appeal
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By Robert Schubert CropChoice editor

(April 12, 2002 - CropChoice news) - The Canadian Federal Court of
Appeal will hear farmer Percy Schmeiser's appeal against Monsanto Co.
on May 15 and 16.

"Basically, mine was (and is) a test case to see how far they can go in
challenging farmer rights," Schmeiser said.

The Bruno, Saskatchewan resident wants the three appellate judges to
set aside the 2001 lower court ruling, which found that he had infringed
the patent on the biotechnology company's Roundup Ready canola - so
named for its resistance to the herbicide Roundup (glyphosate).

During the trial, Monsanto withdrew allegations that he had obtained and
planted the seed illegally. Nonetheless, the judge ultimately agreed with
the claim that the mere presence on the Schmeiser farm of canola with
the patented transgenes constituted an infringement of the company's
property rights. "He knew or ought to have known," the judge wrote in
his decision.

The case came down to what Schmeiser and his lawyer, Terry Zakreski,
view as a poor judicial interpretation of patent law and the legal test for
infringement.

"The mere presence (of the canola) does not constitute patent
infringement," said Zakreski, who also is representing Saskatchewan
organic growers in their lawsuit against Monsanto and Aventis over
genetic contamination that they say has made it impossible to organically
grow canola; organic standards disallow any presence of genetically
modified organisms. They also are seeking an injunction on any
commercialization of transgenic wheat, something that Monsanto hopes
to do in 2005. (See story: It's official, Saskatchewan organic growers
are suing Monsanto, Aventis over GM contamination;
http://www.cropchoice.com/leadstry.asp?recid=553.)

One issue that both lawsuits have in common, Zakreski said, is
Monsanto's failure to take responsibility for the genetically modified
varieties it has patented.

The Schmeiser appeal is based on 17 points and facts of law that, in
Schmeiser's view, the trial judge ignored; they are available on his
website at http://www.percyschmeiser.com.

Related story:
The Implications of the Percy Schmeiser Decision;
http://www.cropchoice.com/leadstry.asp?recid=319

"This information is posted for nonprofit educational purposes, in
accordance with U.S. Code Title 17, Chapter 1,Sec. 107 copyright laws."