A protracted and bitter dispute over patents on genetically modified crops has reached a controversial conclusion.
The Canadian Supreme Court last week ruled that farmer Percy Schmeiser infringed a patent on GM oilseed rape (canola) owned by agribiotech giant Monsanto. Schmeiser maintains that canola resistant to the weedkiller glyphosate found on his farm in 1998 must have blown there from nearby farms or passing trucks.
The plants made up 98 per cent of Schmeiser鈥檚 crop, and the court ruled this to be 鈥渦se鈥� of the GM canola. Schmeiser was deemed to have infringed the patent, even though he says he was oblivious to the nature of the plants and did not spray them with glyphosate. However, Monsanto was not awarded any damages because Schmeiser was deemed not to have profited. Both parties will pay their own legal costs.
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Anti-GM campaigners say the ruling tramples on farmers鈥� rights. 鈥淚n Monsanto鈥檚 world, we are all criminals unless a court rules otherwise,鈥� says Silvia Riberiro of the Canadian-based ETC Group. Monsanto is hailing the ruling as a victory for patent law.