Monsanto, the court and the seeds of dissent
[ http://articles.latimes.com/2013/feb/19 ... d-20130219 ]
Should Monsanto, or any corporation, have rights to a self-replicating natural product?
February 19, 2013|By George Kimbrell and Debbie Barker
On Tuesday, attorneys for the largest agrochemical corporation in the world, Monsanto, will present arguments before the Supreme Court asserting the company's rights to the generations of seeds that naturally reproduce from its genetically modified strains. Bowman vs. Monsanto Co. will be decided based on the court's interpretation of a complex web of seed and plant patent law, but the case also reflects something much more basic: Should anyone, or any corporation, control a product of life?
The journey of a 75-year-old Indiana farmer to the highest court in the country began rather uneventfully. Vernon Hugh Bowman purchased an undifferentiated mix of soybean seeds from a grain elevator, planted the seeds and then saved seed from the resulting harvest to replant another crop. Finding that Bowman's crops were largely the progeny of its genetically engineered proprietary soybean seed, Monsanto sued the farmer for patent infringement.
The case is a remarkable reflection on recent fundamental changes in farming. In the 200-plus years since the founding of this country, and for millenniums before that, seeds have been part of the public domain — available for farmers to exchange, save, modify through plant breeding and replant. Through this process, farmers developed a diverse array of plants that could thrive in various geographies, soils, climates and ecosystems. But today this history of seeds is seemingly forgotten in light of a patent system that, since the mid-1980s, has allowed corporations to own products of life.
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[ http://articles.latimes.com/2013/feb/19 ... d-20130219 ]
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Monsanto Canada v. Schmeiser
[ http://en.wikipedia.org/wiki/Percy_Schmeiser ]
Percy Schmeiser (born January 5, 1931) is a farmer from Bruno, Saskatchewan, Canada. He specializes in breeding and growing canola. He became an international symbol and spokesperson for independent farmers' rights and the regulation of transgenic crops during his protracted legal battle with multinational agrichemical company Monsanto. He was the subject of the 2009 film David Versus Monsanto.[1]
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In 1997, Percy Schmeiser found Monsanto's genetically modified “Roundup Ready Canola” plants growing near his farm. He testified that he sprayed his nearby field and found that much of the crop survived, meaning it was also Roundup Ready.[2] He testified that he then harvested that crop, saved it separately from his other harvest, and intentionally planted it in 1998.[2] Monsanto approached him to pay a license fee for using Monsanto's patented technology without a license. Schmeiser refused, claiming that the actual seed was his because it was grown on his land, and so Monsanto sued Schmeiser for patent infringement on August 6, 1998.[2]
For the next several years, the case traveled through the Canadian court system. Meanwhile, Schmeiser became a popular figure among those opposed to genetic engineering. He accepted speaking engagements around the world. Ultimately, a Supreme Court 5-4 ruling found in favor of Monsanto, because Schmeiser had intentionally replanted the Roundup Ready seed that he had saved.[3]
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[ http://en.wikipedia.org/wiki/Percy_Schmeiser ]
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POWELL: Field of Nightmares - the Dark Side of Roundup
[ viewtopic.php?f=8&t=1279&p=2611&hilit=schmeiser#p2611 ]