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[Health&Healing] Farmer w/ GM Polluted Crop Loses to Monsanto- Outrageous!

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So if Monsanto controls all plants that contain this patented gene,

even those that come to it by natural forces such as drifting wind,

cross pollination, etc., how far is this going to go? Can they

control the entire food supply, since the genes will continue to

spread?

 

This is the equivelant of a computer hacker then being able to

legally own all computers that they have infected with their

computer virus!! And making the original computer owner pay them

hundreds of thousands of dollars for not complying with their patent

for the virus.

 

Except crops don't have the option of any firewalls!!!!

 

Misty L. Trepke

http://www..com

 

SAD DAY IN HISTORY----Biotech giant wins Supreme Court battle

 

http://www.cbc.ca/stories/2004/05/21/canada/schmeiser_monsanto040521

 

Biotech giant wins Supreme Court battle

Last Updated Fri, 21 May 2004 15:03:40

OTTAWA - The Supreme Court of Canada ruled against a Saskatchewan

farmer Friday, saying since U.S. biotechnology giant Monsanto holds

a patent on a gene in its canola seed, it can control the use of the

plant.

 

Percy Schmeiser says he was fighting for farmers

In a 5-4 decision, the court upheld Monsanto's patent over its

Roundup Ready canola plant gene, ruling Percy Schmeiser infringed on

the company's patent by growing the plant without a licence.

The company inserts a gene into a canola plant to make it

pesticide-resistant. Monsanto holds patents over the gene and the

insertion process, and argued the patent should extend to control of

the plant.

 

INDEPTH: Percy Schmeiser's battle

 

 

The court agreed, writing: " By cultivating a plant containing the

patented gene and composed of the patented cells without license,

[the Schmeisers] thus deprived Monsanto of the full enjoyment of its

monopoly. " Justice Louise Arbour, who wrote the minority dissenting

opinion, argued that the gene and the process could be patented, but

that patent protection cannot be extended to the whole plant.

Schmeiser argued the canola seed blew onto his property from a

nearby farm. He has said the plants " polluted " his fields.

In a news release, Monsanto said it welcomed the decision, adding

the Supreme Court has " set a world standard in intellectual property

protection. " In what Schmeiser called a " personal victory, " the

Supreme Court ruled he does not have to pay roughly $200,000 in

court costs and damages to Monsanto.

 

He said his battle is now over, but believes the debate over

patenting life forms must continue.

 

" I and my wife have done everything possible to take it this far, "

said Schmeiser. " It will have to be carried forward, whether it's

through the Parliament of Canada or other countries of the world. "

Schmeiser's supporters argue the patent could limit scientific and

medical research, which routinely manipulates genes. Nadege Adams, a

member of the consumer group the Council of Canadians said, " The

implication of this decision will affect us all. From the poor

farmer in India, worried about his ability to save seeds, to

Canadian concerns about big companies appropriating our bio-

diversity. " Schmeiser had already lost his case in lower courts.

In 2002, the Federal Court of Appeal upheld an earlier ruling that

found Schmeiser guilty of illegally planting the Monsanto canola on

his property. He was ordered to pay $175,000 in damages, plus court

costs.

 

FROM DEC. 5, 2002: Supreme Court rejects patent on genetically

modified mouse

 

 

The Supreme Court of Canada has already ruled against patenting a

higher life form in the case of the Harvard mouse. The court ruled

the mouse was a higher life form and could not be patented.

 

 

Written by CBC News Online staff

 

H e a d l i n e s : C a n a d a

 

Halifax standoff ends as couple arrested

Biotech giant wins Supreme Court battle

Quebecers eager to break up mega-cities in June referendums

N.B. school bans 'sex bracelets'

Harper discloses leadership campaign donors

McCallum attacks Conservative tax promises

'Healer' sentenced to 12 years for sexual abuse

Investigator named in mailed fetus cases

Toronto council moves forward on pesticide ban

 

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