Monsanto Canada Inc v Schmeiser

Monsanto Canada Inc v Schmeiser
Supreme Court of Canada
Hearing: January 20, 2004 Judgment: May 21, 2004
Full case name	Percy Schmeiser and Schmeiser Enterprises Limited v Monsanto Canada Incorporated and Monsanto Company
Citations	[2004] 1 S.C.R. 902, 2004 SCC 34, 239 D.L.R. (4th) 271, 31 C.P.R. (4th) 161
Docket No.	29437 [1]
Ruling	Monsanto appeal allowed in part
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: John C. Major, Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Majority	McLachlin C.J. and Fish J. (paras. 1-106), joined by Major, Binnie, and Deschamps JJ.
Dissent	Arbour J. (paras. 107-171), joined by Iacobucci, Bastarache, LeBel JJ.

Monsanto Canada Inc v Schmeiser [2004] 1 S.C.R. 902, 2004 SCC 34 is a leading Supreme Court of Canada case on patent rights for biotechnology, between a Canadian canola farmer, Percy Schmeiser, and the agricultural biotechnology company Monsanto. The court heard the question of whether Schmeiser's intentionally growing genetically modified plants constituted "use" of Monsanto's patented genetically modified plant cells. By a 5-4 majority, the court ruled that it did. The Supreme Court also ruled 9-0 that Schmeiser did not have to pay Monsanto their technology use fee, damages or costs, as Schmeiser did not receive any benefit from the technology.^[2] The case drew worldwide attention and is widely misunderstood to concern what happens when farmers' fields are accidentally contaminated with patented seed. However, by the time the case went to trial, all claims of accidental contamination had been dropped; the court only considered the GM canola in Schmeiser's fields, which Schmeiser had intentionally concentrated and planted. Schmeiser did not put forward any defence of accidental contamination.^[3]