"The right to use our own seed has been taken away." Percy Schmeiser
Farmer Loses Fight Against Monsanto
Marc Kaufman / Washington Post 30mar01
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"My grandfather and my father homesteaded here," Schmeiser says. "There was no such thing as chemical companies, or even seed companies. They were free and independent." Percy Schmeiser source: cbc.ca See Blowin' in the Wind for more |
A judge yesterday ordered a Canadian farmer to pay thousands of dollars to the biotechnology giant Monsanto Co. because the company's genetically engineered canola plants were found growing on his field, apparently after pollen from modified plants had blown onto his property from nearby farms.
The closely watched case was a major victory for companies that produce genetically modified crops and have been aggressively enforcing agreements requiring farmers to pay yearly fees for using their technology.
But the decision in a federal court in Saskatoon, Saskatchewan, was a significant setback for farmers who fear being held liable if pollen from neighboring farms blows onto their fields, transmitting patented genes to their crops without their knowledge or consent. Dozens of similar lawsuits have been filed against farmers around the United States.
The case also highlights growing tension between farmers and large agricultural biotechnology companies, whose new generation of high-tech crops are transforming the way growers have tended their fields for generations.
"I've been using my own seed for years, and now farmers like me are being told we can't do that anymore if our neighbors are growing (genetically modified) crops that blow in," said Percy Schmeiser, 70, the Saskatchewan farmer who was sued by Monsanto. "Basically, the right to use our own seed has been taken away."
Genetically engineered corn, soybeans, cotton and canola have become widely used in the United States, and recent evidence suggests their pollen can spread to conventional crops. That means any farmer whose neighbors grow engineered varieties could find himself in the same situation as Schmeiser, especially farmers of easily windblown canola and corn.
A Monsanto spokeswoman in Winnipeg said yesterday that the decision will help protect the intellectual property rights of the company and of thousands of farmers who pay for its technology.
"This is a clear win for Monsanto, and this is very good news for us," said Trish Jordan, manager of public and industry affairs for Monsanto Canada. "What the judge found was that Mr. Schmeiser had infringed on our patent, and awarded us damages."
Federal Judge W. Andrew MacKay ruled that a farmer has no right to grow crops with a patented and genetically modified gene unless he has an agreement with the company that owns the patent.
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