In article ,
"David Hare-Scott" wrote:
"Gary Woods" wrote in message
...
"Steve Peek" wrote:
The real problem is that when you grow your open pollinated corn
downwind of
the frankinstein corn, your seed becomes tainted. You should be
able to sue
Monsanto for damages.
You've got it backwards. You'll get sued for having Monsanto's
patented genes in your crop.
I'm not making this up.
Google "Percy Schmeiser."
Just curious to know if you have ever read the Court decisions ?
Not in the original but my understanding is that Schmeiser was found to have
infringed Monsanto's patent by knowingly growing GM plants without paying
monsanto's license. Is that right?
David
The most high-profile case of contamination is Monsanto Canada Inc. v.
Schmeiser, where Monsanto Company sued Percy Schmeiser for patent
infringement because his field was contaminated with Monsanto's patented
Roundup Ready glyphosate-tolerant canola. The supreme court ruled that
Percy was in violation of Monsanto's patent because the crops were
growing on his land, but he was not required to pay Monsanto damages
since he did not benefit financially from its presence.[28] On March 19,
2008, Schmeiser and Monsanto Canada Inc. came to an out-of-court
settlement whereby Monsanto will pay for the clean-up costs of the
contamination which came to a total of $660 Canadian. Also part of the
agreement was that there was no gag-order on the settlement and that
Monsanto could be sued again if any further contamination occurred.[29]
http://en.wikipedia.org/wiki/Canola
For Monsanto's spin on the case see
http://www.monsanto.com/monsanto_tod..._schmeiser.asp
This includes links to court decisions in 2001, 2002, and 2004,
http://decisions.fct-cf.gc.ca/en/200...001fct256.html.
http://decisions.fca-caf.gc.ca/en/20...002fca309.html.
http://scc.lexum.umontreal.ca/en/200...2004scc34.html.
For Schmeiser's spin see
http://www.percyschmeiser.com/
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