SCTA Pleased by Monsanto Court Win

OTTAWA - May 24/04 - SNS -- The Canadian Seed Trade Association (CSTA) is pleased with the Supreme Court of Canada decision to uphold lower court findings that farmers are violating seed patents when they withhold seed from harvested crops for planting in subsequent years.

The CSTA was an independent intervenor in the case. In its presentation to the Supreme Court Justices, the industry association argued:

There is no provision in the Patent Act which creates an implied licence for farmers to save and plant seeds;

International treaties and discussions recognize and support the practice of seed saving and exchanging seed, making provisions for efforts aimed at the conservation and preservation of plant genetic resources; and

Saving seed of a bred plant variety that does not occur naturally, for future planting in a commercial farming operation does not constitute genetic resource conservation or preservation work.

On January 20, 2004, the Supreme Court of Canada heard Percy Schmeiser's appeal of a Federal Court of Appeal decision that found the Bruno, Saskatchewan farmer liable for violating Monsanto's Roundup Ready gene patent in canola. This was the first patent infringement case in Canada involving Monsanto's patented canola technology to be heard by the Federal Court of Canada and challenging the validity of patent rights for lower life forms under the Canadian Patent Act.