Monsanto wins key biotech patent lawsuit in Canada [ip]

[Declan McCullagh <declan () well com>]

Excerpt from court opinion:
1     This case concerns a large scale, commercial farming operation 
that grew canola containing a patented cell and gene without obtaining 
licence or permission. The main issue is whether it thereby breached the 
Patent Act, R.S.C. 1985, c. P-4. We believe that it did.
2     In reaching this conclusion, we emphasize from the outset that we 
are not concerned here with the innocent discovery by farmers of 
"blow-by" patented plants on their land or in their cultivated fields. 
Nor are we concerned with the scope of the respondents' patent or the 
wisdom and social utility of the genetic modification of genes and cells 
-- a practice authorized by Parliament under the Patent Act and its 
regulations.

News coverage:
http://www.globeandmail.com/servlet/story/RTGAM.20040521.w4mons05211/BNStory/National/
"The Supreme Court of Canada made biotechnology history Friday with a 
5-4 ruling that a Saskatchewan farmer violated a patent Monsanto Canada 
Inc. held on genes of genetically engineered canola seeds"


-------- Original Message --------
Subject: Monsanto
Date: Fri, 21 May 2004 12:18:51 -0700
From: Jake Appelbaum <jacob () appelbaum net>
To: declan () well com

Hey Declan,

I thought you might be interested in reading about the Monsanto Vs
Schmeiser case. Perhaps Politech would be interested.

http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2004scc034.wpd.html


--
Jake Appelbaum <jacob () appelbaum net>


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