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Monsanto Canada Inc. v. Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology. The court heard the question of whether intentionally growing genetically modified plants constitutes "use" of the patented invention of genetically modified plant cells. By a 5-4 majority, the court ruled that it does.[1]
The case drew worldwide attention and is widely misunderstood to concern what happens when farmers' fields are accidentally contaminated with patented seed.
However by the time the case went to trial, all claims had been dropped that related to patented seed in the field that was contaminated in 1997; the court only considered the GM canola in Schmeiser's 1998 fields, which Schmeiser had intentionally concentrated and planted from his 1997 harvest. Regarding his 1998 crop, Schmeiser did not put forward any defence of accidental contamination.
Originally posted by burntheships
Where are you getting your 1996 year from?
NOT from any links I posted.
In 1997, Percy Schmeiser found Monsanto's genetically modified “Roundup Ready Canola” plants growing near his farm...
Well, you make it sound like Percy bought the seed from Monsanto, when he did not.
He did not buy the seed, he saved it from his crop, and then planted it.
Originally posted by alfa1
And thats why we're talking about the 1996 crop. Because thats the one you yourself claim he saved the seed from.
So now I've recapped the thread so far,
Originally posted by burntheships
So, then I never said 1996, the story does not say 1996. YOU said 1996,
are you trying to mislead everyone?