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Don't eat U.S. Rice - GM!

Started by coffeeseven, March 05, 2007, 07:10 PM NHFT

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error

Oh, there's ditchweed, and then there's what's just BEHIND the ditchweed.

And no, it was not at all sarcastic.

Nicholas Gilman

    Some of the genetically modified crops are patented.  When they show up in a farmers field who hasnt
paid for use of the product, the farmer gets sued for patent infringement.  The courts dont care if the
crop seed blew in or was planted accidentally in a GM seed contaminated batch, once the
patented GM plant is found in a farmers field, the courts consistently rule the farmer is
guilty of patent infringement.  Sue enough farmers, and what do you get?  Empty plates.

YixilTesiphon

I see this as a problem of the current IP system.

Pat McCotter

Monsanto Canada Inc. v. Schmeiser
Main article: Monsanto Canada Inc. v. Schmeiser
Enforcement of Patents on genetically modified plants is often contentious, especially because of the occurrence of Gene flow . In 1998, 95-98% of about 10 km? planted with canola by Canadian farmer Percy Schmeiser were found to contain Monsanto's patented Roundup Ready? gene although Schmeiser had never purchased seed from Monsanto. The initial source of the plants was undetermined, and could have been through either gene flow or intentional theft. However, the overwhelming predominance of the trait implied that Schmeiser must have intentionally selected for it. The court determined that Schmeiser had saved seed from areas on and adjacent to his property where Roundup? had been sprayed, such as ditches and near power poles.

Although unable to prove direct theft, Monsanto sued Schmeiser for piracy since he knowingly grew Roundup Ready plants without paying royalties. The case made it to the Canadian Supreme Court, which in 2004 ruled 5 to 4 in Monsanto?s favor. The dissenting judges focused primarily on the fact that Monsanto's patents covered only the gene itself and glyphosate resistant cells, and failed to cover transgenic plants in their entirety.

In response to criticism, Monsanto Canada's director of public affairs stated that "It is not, nor has it ever been Monsanto Canada's policy to enforce its patent on Roundup Ready crops when they are present on a farmer's field by accident...Only when there has been a knowing and deliberate violation of its patent rights will Monsanto act."

coffeeseven

Quote from: Pat McCotter on March 07, 2007, 04:43 AM NHFT
Monsanto Canada Inc. v. Schmeiser
Main article: Monsanto Canada Inc. v. Schmeiser
Enforcement of Patents on genetically modified plants is often contentious, especially because of the occurrence of Gene flow . In 1998, 95-98% of about 10 km? planted with canola by Canadian farmer Percy Schmeiser were found to contain Monsanto's patented Roundup Ready? gene although Schmeiser had never purchased seed from Monsanto. The initial source of the plants was undetermined, and could have been through either gene flow or intentional theft. However, the overwhelming predominance of the trait implied that Schmeiser must have intentionally selected for it. The court determined that Schmeiser had saved seed from areas on and adjacent to his property where Roundup? had been sprayed, such as ditches and near power poles.

Although unable to prove direct theft, Monsanto sued Schmeiser for piracy since he knowingly grew Roundup Ready plants without paying royalties. The case made it to the Canadian Supreme Court, which in 2004 ruled 5 to 4 in Monsanto?s favor. The dissenting judges focused primarily on the fact that Monsanto's patents covered only the gene itself and glyphosate resistant cells, and failed to cover transgenic plants in their entirety.

In response to criticism, Monsanto Canada's director of public affairs stated that "It is not, nor has it ever been Monsanto Canada's policy to enforce its patent on Roundup Ready crops when they are present on a farmer's field by accident...Only when there has been a knowing and deliberate violation of its patent rights will Monsanto act."

More proof that Ed Brown's tactic is best.

Rochelle

QuoteThe DEA actually comes out and sprays the Mob's pot plants?!
Yep :P One of my teachers in high school's parents lived on a farm out in Western Kansas and it grows "like a weed" out there. But no one can touch it. Not that they'd be able to prove it if you did, but it's not like you'd be able to prove real well you didn't..


mvpel

Quote from: Rochelle on March 06, 2007, 09:57 PM NHFTPssh, we don't grow pot in Kansas. It grows itself. We just watch it sprout into 20ft marijuana trees while waiting for the DEA to send out agents to spray it...can't touch it ourselves. That's illegal.

Here in New Hampshire, some folks wish that the DEA would declare Toxicodendron rydbergii a Schedule III narcotic, so that they'd send swarms of agents to clear it off our properties for us for free.

What part of Kansas are you in?  My dad grew up on a farm near Yuma Junction, and my mom grew up in Jamestown.