1. Limited rights to retain and reuse seed
Under a private contract between a grower and a biotech company, the
grower's rights to the purchased seed are significantly limited. Such
contracts generally contain a "no saved seed" provision.17 This provision
prohibits growers from saving seed and/or reusing seed from GM crops.18
In effect, the provision requires growers of GM crops to make an annual
purchase of GM seeds.
A patent infringement case stemming from unauthorized saving of GM
seeds was recently tried in the Canadian courts.19 In this case, Monsanto
Company sued Percy Schmeiser, a local farmer, for saving and planting
GM seeds produced from pollen that had blown onto his fields from a
neighboring farm. Schmeiser himself had no contract with Monsanto. The
court found that the defendant planted seed saved from a field onto which
pollen from GM canola had blown. The court found further that Schmeiser
had engaged in these activities knowingly. This violated the patent
Monsanto held on the Roundup tolerant seed. Mr. Schmeiser was required
to deliver to Monsanto any remaining saved seed and to pay to Monsanto
the profits earned from the crops, plus interest.20