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Canadian appeals court upholds Schmeiser patent infringement ruling (Friday, Sept. 6, 2002 -- CropChoice news) --
Globe and Mail, 09/06/02:
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. On Thursday, the three-judge appeal court panel unanimously
ruled in Monsanto's favour, dismissing all of Mr. Schmeiser's 17 points of
contention.
However, they also rejected a bid by Monsanto to see the damages raised to
more than $100,000.
Mr. Schmeiser was not available for comment but his lawyer, Terry Zakreski,
was cited as saying his client was disappointed, adding, "We're still
reviewing it and considering whether to seek leave to appeal to the Supreme
Court of Canada."
Trish Jordan of Monsanto was cited as saying 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,
adding, "We have always said we will not profit from people doing illegal
things."
The stories say that 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.
Some groups from as far away as Australia have paid Mr. Schmeiser to travel
to speak to them.
Ms. Jordan was cited as saying she is not surprised that Mr. Schmeiser
became a cause to rally around for those opposed to genetically modified
foods or biotechnology in agriculture, adding, "Obviously, there's always
been people against either GM technology or multi-national corporations or
corporate control or patents. 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." | |
