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Gene theft and Gene Modification, Revisited


Digging back into the archives, long-time subscribers will recall that a while back I wrote extensively about gene theft, the practice by which wealthy agribusiness takes genes (or plants) from third world countries, patents the plants/genes, and then charges royalties on what they've taken, with the approval of the First world courts. They also prosecute farmers downwind of those who use genetically modified seeds, accusing them of theft when what's really going on is wind-born pollination or insect activity. It sounds absurd, but the April 6 issue of the PANUPS (Pesticide Action Network Updates Service) newsletter discusses the case of Percy Schmeiser; it's worrisome enough that I'm quoting some of it here:

On March 29, 2001, a Canadian judge dealt a crushing blow to Farmers' Rights by ruling that Percy Schmeiser, a third generation Saskatchewan farmer, must pay Monsanto thousands of dollars for violating the corporation's monopoly patent on genetically engineered (GE) canola seed.

Under Canadian patent law, as in the U.S. and many other industrialized countries, it is illegal for farmers to re-use patented seed, or to grow Monsanto's GE seed without signing a licensing agreement. If the biotechnology corporations and U.S. Trade Reps get their way, every nation in the world will be forced to adopt patent laws that make seed saving illegal. The ruling against Schmeiser establishes an even more dangerous precedent because it means that farmers can be forced to pay royalties on GE seeds found on their land, even if they didn't buy the seeds or benefit from them.

Percy Schmeiser did not buy Monsanto's patented seed, nor did he obtain the seed illegally. Pollen from genetically engineered canola seeds blew onto his land from neighboring farms. (Percy Schmeiser's neighbors and an estimated 40% of farmers in Western Canada grow GE canola). Monsanto's GE canola genes invaded Schmeiser's farm without his consent. Shortly thereafter, Monsanto's "gene police" invaded his farm and took seed samples without his permission. Percy Schmeiser was a victim of genetic pollution from GE crops--but the court says he must now pay Monsanto US$10,000 for licensing fees and up to US$75,000 in profits from his 1998 crop.

The GE canola that drifted onto Schmeiser's farm was engineered to withstand spraying of Monsanto's proprietary weed killer, Roundup. But Schmeiser did not use Roundup on his canola crop. After all, if Schmeiser had sprayed his crop, the chemical would have killed the majority of his canola plants that were not genetically engineered to tolerate the weed killer! Schmeiser didn't take advantage of Monsanto's GE technology, but the court ruling says he's guilty of using the seed without a licensing agreement….

The newsletter goes on to say: For more information about Percy Schmeiser's case, go to: http://www.percyschmeiser.com.

Source: Rural Advancement Foundation International (RAFI); 110 Osborne St., Suite 202, Winnipeg MB R3L 1Y5 CANADA; phone (204) 453-5259; fax (204) 925-8034; email rafi@rafi.org; http://www.rafi.org.

For more information about PANUPS, which covers many things that industry and government would rather we not know, visit http://www.panna.org.

A presto,
Kyle Phillips
Webweaver, About Italian Cuisine

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