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Monsanto Canada Inc v Schmeiser : ウィキペディア英語版 | Monsanto Canada Inc v Schmeiser
''Monsanto Canada Inc v Schmeiser'' () 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified plants constituted "use" of Monsanto's patented genetically modified plant cells. By a 5-4 majority, the court ruled that it did.〔(Canadian Supreme Court Decision )〕 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. ==Background== The biotechnology company Monsanto developed and patented a glyphosate-resistant gene for the canola plant which has the effect of producing canola that is resistant to glyphosate. Monsanto marketed the seed as Roundup Ready Canola. Farmers using the system are able to control weed competition using Roundup, while avoiding damage to the Roundup-resistant crops. Users are required to enter into a formal agreement with Monsanto, which specifies that new seed must be purchased every year, the purchase price of which includes a licensing fee to use the patent rights. Roundup Ready Canola was introduced in Canada in 1996, and by 1998, it accounted for 25% of the country's canola area.〔(Achievements in Plant Biotechnology - Evaluation: Canola ). Monsanto Company; 2001. Retrieved 4-Apr-2006.〕
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