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A Canadian federal judge ruled on March 29 that a Saskatchewan farmer
had infringed Monsanto's patent on glyphosate-resistant varieties of
canola. The farmer claimed that he did not sow glyphosate-resistant
varieties, and that any such plants in his fields were the result of
pollen drift from nearby fields, or from seed blown off passing grain
trucks during harvest. However, the judge cited testimony from the farmer
and his hired hand that the farmer had applied Roundup herbicide to
3 to 4 acres of his 1997 canola crop, and found that about 60% of the
plants continued to grow. At harvest the farmer segregated the seeds
from the sprayed plants, saved the seed, had the seed cleaned and used
it as the primary source of seed for his 1000 acre canola crop in 1998.
The company that cleaned the seeds for the farmer saved samples of the
seed before and after cleaning, as the company does for all batches
of seed it cleans. When the samples were tested by staff at the University
of Manitoba, 95% of the seeds were glyphosate-resistant. The judge found
that such a high percentage was inconsistent with pollen drift, and
in any event, the farmer infringed by knowingly using seed that the
farmer knew to have the patented gene in light of the fact that the
farmer had sprayed and saved the seed. The judge levied an initial fine
of $9,600 against the farmer.
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