- SASKATOON - The Federal Court
of Appeal has upheld a ruling that a Saskatchewan farmer violated a patent
held by Monsanto on a herbicide-resistant canola.
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- In March 2001, farmer Percy Schmeiser of Bruno, Sask.,
was ordered to pay $19,000 in damages for using Roundup Ready canola. He
was also ordered to cover Monsanto's court costs of $153,000.
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- Mr. Schmeiser had argued that either Roundup Ready canola
seed blew into his field from a passing truck or his crop may have been
contaminated by pollination.
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- On Thursday, the three-judge appeal court panel unanimously
ruled in Monsanto's favour, dismissing all of Mr. Schmeiser's 17 points
of contention.
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- However, they also rejected a bid by Monsanto to see
the damages raised to more than $100,000.
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- Mr. Schmeiser was not available for comment but his lawyer,
Terry Zakreski, said his client was disappointed.
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- "We're still reviewing it and considering whether
to seek leave to appeal to the Supreme Court of Canada," Mr. Zakreski
said.
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- Trish Jordan of Monsanto said the money Mr. Schmeiser
has been ordered to pay will be put into the corporation's fund to reinvest
into the agriculture community as part of a larger corporate charity program.
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- "We have always said we will not profit from people
doing illegal things," she said.
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- Despite his loss in court, Mr. Schmeiser has become somewhat
of a folk hero among farm and consumer activists around the world who are
opposed to genetically modified foods and their use in agriculture.
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- Some groups from as far away as Australia have paid Mr.
Schmeiser to travel to speak to them.
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- Ms. Jordan said she is not surprised that Mr. Schmeiser
became a cause to rally around for those opposed to genetically modified
foods or biotechnology in agriculture.
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- "Obviously, there's always been people against either
GM technology or multi-national corporations or corporate control or patents,"
Ms. Jordan said.
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- "I think in this particular case Mr. Schmeiser chose
to do it through the wrong avenue. On legal grounds, this case was open
and shut."
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