Monsanto Wins Case Over Patented Canola

c writes "The Supreme Court of Canada says that you're liable if a plant with a patented gene infects your property. If you recall, Schmeiser claims (and research supports) that Roundup Ready canola seeds infected his own crops. Monsanto prosecuted him for patent infringement." Some other links: Monsanto's press release, Globe and Mail story.

Comments

So, it spreads itself...

[Allen Zadr]

I would have thought that genetically modified crops would be unable to reproduce by some manipulation. I'm quite surprised to hear from the articles and research linked that this is not the case.

I imagine the purists who want full organic food may be surprised that thier food may be cross-polinated with a genetic crop.

Re:So, it spreads itself...

[macmaniac]

I would have thought that genetically modified crops would be unable to reproduce by some manipulation. I'm quite surprised to hear from the articles and research linked that this is not the case.

They may be modified somewhat, but in order to make it so that crops would not reproduce, you would probably have to create an entirely new method for them to bear fruit or whatever crop they use, since this process is naturally cared for by pollenization, part of the reproductive process of most plants.... Even if they managed to produce such a modification, since they were created/modified by humans, error is inevitable, like what happened in the movie Jurassic Park.

Re:So, it spreads itself...

[cayenne8]

Just manipulating DNA in things does NOT automatically render them sterile as far as reproduction goes. This is what does lend danger to the man made stuff mixing into the natural crops. A real possibility, I would guess, is that long term, we might lose the 'real thing' having been contaminated by the man altered stuff.

Heck, we have lots of crops that really aren't available today...if not for people dedicated to protecting 'heirloom' vegetables. Notice how tomatoes nowdays pretty much have no flavor, but, are nice and uniform in color and size?

I went to a farm up north just outside of NH last year where they specialize in heirloom tomatoes. Man, I'd forgotten what they used to really taste like in my youth...and the different colored ones...some with yellow, tiger striped ones, purple ones....and many in non uniform shapes and sizes. But, flavor was the MAIN thing that stood out on these...

I really used to think the 'organic' foods movement was pretty much a crock...but, this started me thinking a little different...

Re:So, it spreads itself...

[caseih]

Actually the genes do spread by themselves. Recently we grew a couple of hundred acres of special GMO seed canola (from a different company). When the seed we grew was tested, it was found that the monsanto gene was present in almost 20% of the sample. Bear in mind this is from a cross of 2 pure non-monsanto canola varieties. The Monsanto canola has been grown in our area, but it was over 5 miles away and almost 5 years previous. Yet the gene still persisted somehow. So yes, the genes can move by themselves.

Wait a minute...

[Punboy]

Shouldn't this situation be reversed? The defendant should sue the other guy for damaging his crops!

Killing Roundup Ready Plants

[zentinal]

Would it be legal for someone to come up with a material that only kills Roundup Ready©® plants?

"Organic" crops

[Colin Smith]

Farmers in the UK are going to have to be very careful over this one. "Organically" produced crops have a premium price here and one of the requirements to be classified as organic is no GM. If a neighbouring farmer's GM crop gets into an organic farmer's crop, there could well be financial penalties if the source of the contamination can be proven.

Offspring licencing

[manganese4]

So if we ever get to the point of inserting modfied DNA into the human genome to "cure" mutations that exist in family lines, will parents have to pay royalties in order to have children? Will it be on a child by child basis or will it be based on the number of attempts at insemmination? If you have a low sperm or egg count, will you get a discount?

Re:Monsanto lobbies to repeal of laws of nature?

[bear_phillips]

f anything, the burden should be placed on the farmers using the licensed seeds to control their plants

I would guess that Schmeiser could sue the other farm that let the seeds blow onto his crops. The "pollution" of his fields caused him an economic damage. He cant use the seeds now because he is not licensed. In Texas,Kansas etc farmers get paid if an oil line spills onto their crop, I don't see how "seed pollution" should be any different.

Patent infringement upheld, but damages eliminated

[mcg1969]

One important tidbit from this story that the poster failed to mention was that this ruling also eliminated the payment of damages, because the plaintiff failed to prove that the defendant received any additional profit as a result of the use of the patented seeds.

I quote: Since there was no evidence that he sprayed Roundup herbicide to reduce the weeks [sic], the majority said, there is no way to conclude that he gained any financial advantage.

no, we're not surprised...

[zogger]

..what we are surpirsed is that 99% of the population has no clue about the food they eat other than it comes from the supermarket automagically.

We've been lobbying against this stuff for years, for that very reason, it infects our stuff, and then they claim ownership? Huh? Howzzat again?

Just wait. If you are just hearing about roundup ready and cross pollination and infection, wait to you hear about terminator genes and cross pollination. Ohh, that's a goody. Makes a plant live one year, then all it's offspring is infertile. Think on that one for a bit. Think about the winds, how they cross borders, let alone mere fields and counties. Give it a few years once they start using that sort of seed, you'll have one company "owning" the planets food supply, then their stuff will get borken and--not much food at all. It very easily could happen, you aren't stopping the wind.

Lotta groovy short term profits though, until that happens.

After that, can't say. Most likely world class famine at a minimum.

Re:Glad we're not the only ones!

[Colin Smith]

All you need is a field or playing field full of dandelions. Spray 80% of it with Roundup each year, covering a different 80% each year. Leave enough behind to allow the dandelions and other weeds to repopulate the field.

A few years of that and tada... Roundup resistant dandelions. It'd only cost $50 per year for 5-10 years. How much did Monsanto spend on research trying for the same effect?

Once you have the field of resistant weeds, harvest some of it and go visit Monsanto and offer to sell them your "high tech" dandelions for research purposes.

This does not only apply to bioengineered seeds

[eric76]

It's not only seeds of bioengineered plants.

With many proprietary seeds, you are not permitted to save some of the harvested crop and plant them the next year unless you have the permission of the company owning those rights.

Do a web search on "Plant Variety Protection Act"

Re:Supposed to be sterile?

[budgenator]

I've been following this story a while and in previous stories Schmeiser is reported to have been growing heirloom crops also. Heirloom crops are fast disapearing but are important because they provide a genetic baseline that agricultural scientist can use to "start from scratch" occasonaly.

I under stand that if you found the original pre-indian corn, it would be worth millions.