Ontario gov't intervenes in gene-patent case

[smalltalk]

The Ontario government wants to intervene in the Supreme Court battle over gene patents, which pits biotech giant Monsanto against Saskatchewan farmer Percy Schmeiser.

In 1998, Schmeiser was sued by Monsanto for allegedly growing herbicide-resistant canola in violation of its patent of the gene. Monsanto won in two lower-court decisions but Schmeiser is appealing to the Supreme Court. Schmeiser claims, that his canola was "polluted" by genetic influx from neighbouring fields.

His case has become an international cause celebre, with donations pouring in from around the world.


http://www.percyschmeiser.com/
http://www.monsanto.com/monsanto/layout/default.asp

Ontario got involved in the genetic patenting issue when a U.S. company, Myriad Genetics, threatened to sue the province for not paying royalties on tests for genetic predisposition to breast cancer.

Myriad claims a patent over certain genes responsible for cancer, and its test costs three times as much as the one Ontario uses.

"That's the first of probably many genetic tests," said Sara Blake of the Ontario Ministry of the Attorney General, in an interview Tuesday. "It's about health care."
...
"They (Ontario) asked that it be clearly put in law that one cannot patent a gene, and the government washed their hands of it and refused to get involved. Now the Ontario government sees an opportunity to address that issue and put it into law."

http://www.mediresource.sympatico.ca/health_news_detail.asp?channel_id=0&news_id=2431

 

[Archer 007]

Whichever way this case goes, it will set an interesting precedent.

 

[thestonesfan]

Cool. Monsanto's headquarters are just down the street from us!

 

[Desmond Hawkins]

I have no respect for Monsanto. This guy was just an old Saskatchewan farmer who just used the same seed he always had. Neighbours' seed blows onto his land, which is completely unavoidable, and they try to sue him. I mean what is the man suppose to do, build a completely self-contained bubble, just so Monsanto doesn't contaminate his crops AND then have the nerve to then sue HIM.

 

[Souron]

Thats not what the story sais, He's the one arguing that his Neighbours' crop polluted the gene, so its not the same gene as the patent. That was until they seem to have desided to chalange the law itself I guess.

 

[Xen]

the farmer should win- why?

just because its a better deed to help a farmer then it is a huge, faceless corperation.

besidesm its the corperatins own damn fault for setting up shop in mother nature with out taking into consideration all the factors- including the FACT that such a thing like this is bound to happen no matter what in an open air enviroment.

IMO, the farmer needs to counter sue, as its there own damn fault