[Pirateninfo] p.schmeiser zieht vor supreme court

[Martin Sundermann]

Mit Percy Schmeiser zieht nun derjenige vor den Supreme Court von Kanada, der wg. Kontamination seiner Raps-Zucht durch Monsanto-Pollen (Patentrechtsverwicklungen) zu hoher Geldstrafe verurteilt wurde. Der Federal Court begründete, "egal wie Monsantos Gen-Konstrukt auf sein Feld gelangte, sei er im Sinne der Anklage schuldig" - 
näheres unter www.percyschmeiser.com
gruss aus dem pott,
martin

FARMER WINS RIGHT TO APPEAL CANOLA RULING
May 8, 2003
CBC News
http://cbc.ca/stories/2003/05/08/percy_monsanto030508
The Supreme Court Thursday granted Saskatchewan farmer Percy Schmeiser the
right to appeal a Federal Court of Appeal judgment that he had violated
Monsanto Canada Inc.'s patent on canola technology.
Schmeiser
The ruling does not reverse the Federal Court's ruling, but allows Schmeiser
and his lawyers to take their appeal to the Supreme Court. No date has been
set for the appeal, but it's likely it will be in the fall.
Schmeiser has a farm and farm-implement dealership near Bruno, Sask. The
Federal Court ruled last September that Schmeiser violated Monsanto's patent
on its genetically modified canola seeds.
Backgrounder: Percy Schmeiser
Schmeiser has claimed the Monsanto seeds blew onto his property. The Federal
Court didn't disagree that the Monsanto's seeds may have blown onto
Schmeiser's property, but said it was Schmeiser's obligation to destroy the
seeds.
"We were hopeful the unanimous decision of the Federal Court of Appeal would
have put an end to unnecessary and costly legal action in this case," Trish
Jordan, Monsanto Canada spokesperson, said Thursday.
"However, we look forward to the opportunity to complete this final stage of
the legal process and are confident the decision of the federal Court of
Appeal will be upheld once the Supreme Court has had the opportunity to
review the evidence in this case."
Schmeiser, 72, has told CBC News Online that he has spent more than $200,000
in his battle with Monsanto. He grows canola, wheat, peas and oats on his
1,400-acre farm east of Saskatoon.
2002 column: What next for Percy Schmeiser?
2001 column: Percy versus Monsanto
Justice Andrew MacKay of the Federal Court of Canada referred to tests that
showed there was too much Monsanto canola on Schmeiser's farm to be
considered accidental.
MacKay ruled the seed could only be of commercial quality and could not have
blown onto in Schmeiser's field.
Schmeiser insists he never deliberately planted Monsanto seeds. He said
seeds can fly for miles, as far as from North Dakota to northern
Saskatchewan.




MONSANTO CANADA INC.: SUPREME COURT OF CANADA GRANTS
SCHMEISER'S APPLICATION FOR LEAVE TO APPEAL PATENT
INFRINGEMENT JUDGMENT
May 8, 2003
>From a press release
WINNIPEG, MANITOBA--The Supreme Court of Canada has granted Percy
Schmeiser's application for Leave to Appeal a Federal Court of Appeal
judgment that found he had violated Monsanto Canada Inc.'s patent on Roundup
Ready canola technology (http://www.scc-csc.gc.ca/information/index_e.asp)
According to the Supreme Court of Canada, this decision does not mean the
judgment of the Court of Appeal is reversed. It simply means that Mr.
Schmeiser and his legal counsel have been given permission to argue their
appeal before the Supreme Court.  The Registrar has not yet set a date for
the appeal hearing, but appeals are typically heard once the parties and any
interveners have prepared and filed the required documents with the Court.
The next session of the Supreme Court does not begin until the first Tuesday
in October and is scheduled to last three months. Both Mr.  Schmeiser's
legal counsel and Monsanto Canada's legal counsel will have a limited amount
of time to present their respective cases before the Supreme Court once a
hearing date has been set.
"We were hopeful the unanimous decision of the Federal Court of Appeal would
have put an end to unnecessary and costly legal action in this case," said
Trish Jordan, Monsanto Canada spokesperson. "However, we look forward to the
opportunity to complete this final stage of the legal process and are
confident the decision of the Federal Court of Appeal will be upheld once
the Supreme Court has had the opportunity to review the evidence in this
case."
During the original trial, Justice Andrew MacKay of the Federal Court of
Canada pointed to independent tests that showed 1,030 acres of Mr.
Schmeiser's canola were 95 percent to 98 percent tolerant to Roundup
herbicide. At such a high level of tolerance, Justice MacKay ruled the seed
could only be of commercial quality and could not have arrived in Mr.
Schmeiser's field by accident.  The case of Percy Schmeiser and Schmeiser
Enterprises Ltd. vs. Monsanto Canada Inc. and Monsanto Company is the only
patent infringement case in Canada involving Monsanto's patented canola
technology to be heard by the Federal Court of Canada. It has always been
Monsanto Canada's preference to settle any deliberate violations of its
patented technology outside of the Federal Court system.  The decision
documents of Justice Andrew MacKay and the three-member Federal Court of
Appeal can be found at the following links:
Federal Court of Appeal Ruling September 4, 2002,
http://decisions.fct-cf.gc.ca/fct/2002/2002fca309.html
Federal Court of Canada Ruling of March 29, 2001,
http://decisions.fct-cf.gc.ca/fct/2001/2001fct256.html

-------------- nächster Teil --------------
Ein Dateianhang mit HTML-Daten wurde geschreddert...
URL: http://ilpostino.jpberlin.de/pipermail/info-mail/attachments/20030509/1fc64fcd/attachment.htm