Monsanto v. Schmeiser: patent protection for genetically modified genes and cells in Canada.

Primitive accumulation and enclosure of the commons: Genetically engineered seeds and Canadian jurisprudence

Legal decisions in the case of Percy Schmeiser, who was sued by Monsanto for patent infringement, are related to the attempt by the Organic Agriculture Protection Fund to obtain class certifi cation in its efforts to sue Monsanto and Bayer for genetic contamination of organic canola. Together these two cases establish an unacceptable incongruity at common law between the rights enjoyed by intel...

Who Owns Your Dinner? a Discussion of America’s Patented Genetically Engineered Food

he United States Code provides that “a live human-made micro-organism is patentable,” and further provides for issuance of patents to persons who invent or discover new or useful “manufacture” or “composition of matter;” microorganisms constitute “composition of matter” or “manufacture” within meaning of the code. Thus, since the landmark 1980 Supreme Court case Diamond v. Chakrabarty, thousand...

How Real Is the Concern that Seed Patents Will Turn Farmers into Inadvertent Infringers?

Much has been made of the supposed problem of farmers being exposed to liability for patent infringement based on the inadvertent, or even unavoidable, presence of patented genetically modified plants on the farmer’s fields. It has resulted in calls for limitations on the scope and enforceability of patents that would in all likelihood substantially undercut the ability of many innovators to ob...

Study and Comparison of Genetically and Non-Genetically Modified Rice from View Point of Possibility of Gene Transferring in Blood of Labouraty Animal

Introduction: Genetically modified plants species of plants are produced by the genetic engineering of agricultural science and the addition of specific genes in their genetic sequences with the aim of optimizing the product and creating desirable traits. This study examined the remains of Cry1A(b) and P35 genes in blood of rats fed with genetically modified rice. Methods: This study was exper...

Canada. Monsanto wins split decision in patent fight over GM crop.