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 GM 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/index.html