Monsanto and genetically modified crops ruling

[Guest guest]

Canadian Supreme Court Tramples Farmers' Rights — Affirms Corporate

Monopoly On Higher Life Forms

Civil society and farmers' organizations worldwide reacted with

outrage to today's 5-4 decision by the Canadian Supreme Court,

affirming Monsanto's right to prosecute farmers who are found to

have GM crops growing on their land — whether they wanted them or

not. Gene Giant Monsanto accused Saskatchewan farmers Percy and

Louise Schmeiser of violating the company's patent on genetically

modified canola (oilseed rape). Percy and Louise did not want

Monsanto's GM canola seeds that invaded their property, and they did

not try to benefit from the herbicide-tolerant trait in the GM seed

(that is, they didn't spray Roundup weedkiller), but still Monsanto

prosecuted them for patent infringement and demanded a portion of

their income. The Schmeisers waged a courageous, 7-year battle

against Monsanto that went all the way to the Supreme Court.

The good news is that the Schmeisers don't have to pay a penny to

Monsanto [reversing the lower courts' ruling], but the decision has

grave implications for farmers and society everywhere the Gene

Giants do business, " said Pat Mooney, Executive Director of ETC

Group, one of the interveners in the case. Monsanto's GM seed

technology accounted for over 90% of the global area planted in GM

seeds last year.

" The decision not only undermines the rights of farmers worldwide,

but also global food security and biological diversity. Ironically,

the United Nations has declared tomorrow to be International

Biodiversity Day. We should all be wearing black, " lamented Mooney.

Inflatable Patent: The Canadian Supreme Court decision effectively

nullifies the Court's 2002 decision, which held that higher life

forms, including plants, are not patentable subject matter.

According to today's decision, a patent on a gene or cell can be

infringed by a farmer's use of a plant or seed into which the

patented material has been incorporated.

" Monsanto has won an inflatable patent today. They can now say that

their rights extend to anything its genes get into, whether plant,

animal or human, " said Pat Mooney. The Canadian Court goes even

further than notoriously monopoly-friendly US patent law because it

finds that a gene patent extends to any higher organism that

contains the patented gene. " Under this ruling spreading GM

pollution appears to be recognized as a viable corporate ownership

strategy, " said Mooney.

The Court's ruling means that if a farmer is in possession of seeds

or plants containing a patented gene, the burden is on the farmer to

prove that s/he is not infringing the company's monopoly patent. " In

Monsanto's world, we're all criminals unless a court rules

otherwise, " observes Silvia Ribeiro of ETC Group's Mexico

office. " This will come as shocking news to indigenous farmers in

Mexico, whose maize fields have been contaminated with DNA from

genetically modified plants, and to farmers everywhere who are

fighting to prevent genetically modified organisms from trespassing

in their fields, " said Ribeiro. Monsanto's newspaper ads in Chiapas,

Mexico are already warning peasants that if they are found using

transgenic seed illegally, they risk fines and even prison.

" No doubt Monsanto will say this is a victory for their

stockholders, but its victory will be short lived. As always,

Monsanto's hot air is the wind beneath our wings, " said Pat

Mooney. " This ruling will unite farmers and others opposed to

corporate control of food and life, and galvanize civil society to

take the issue out of the courts and back to politicians, " said

Mooney.

One of civil society's first major responses in North America will

be expressed during the " Reclaim the Commons " meeting in San

Francisco in about two weeks (June 5-10). This international

activist gathering parallels the annual meeting of the Biotechnology

Industry Organization (BIO) also in San Francisco.

Tell Monsanto Where to Go! ETC Group and others have initiated a

letter-writing campaign. Anyone (rural or urban based) who fears

that Monsanto's GM seeds have blown onto their property - as

happened to the Schmeisers - can notify Monsanto that the company's

uninvited genes may be trespassing.

Go here to take action: http://www.etcgroup.org/article.asp?

newsid=450

Go here to view the text of the Canadian Supreme Court's judgement:

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

For further information:

Pat Mooney, ETC Group (Canada) etc@...: 204-453-5259

Hope Shand and Kathy Jo Wetter, ETC Group (USA) hope@...:

919 960-5223

Silvia Ribeiro, ETC Group (Mexico) siliva@...: 52 55 55 632

664

Jim , ETC Group (UK) jim@...: 44 (0)7752 106806 (cell)