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Schmeiser pleased with victory over Monsanto

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Published: 19 March 2008
Twitter

1.Schmeiser pleased with victory over Monsanto

2.Saskatchewan farmer, Monsanto Canada settle $660 small claims case

EXTRACT: Schmeiser believes this precedent setting agreement ensures that farmers will be entitled to reimbursement when their fields become contaminated with unwanted Roundup Ready canola or any other unwanted GMO plants. (item 1)

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1.Schmeiser pleased with victory over Monsanto

CALGARY, March 19 /CNW/ - In an out of court settlement finalized on March 19, 2008, Percy Schmeiser has settled his lawsuit with Monsanto. Monsanto has agreed to pay all the clean-up costs of the Roundup Ready canola that contaminated Schmeiser's fields.

The issue revolves around unwanted Roundup Ready canola plants that arrived on Schmeiser's fields. Monsanto refused to reimburse or compensate Schmeiser for this contamination unless he signed an agreement to not speak publically on the matter and that he would never sue Monsanto for contamination.

A significant part of the agreement is that there was no gag-order imposed on the settlement and that Monsanto could be sued again if further contamination occurred.

Schmeiser believes this precedent setting agreement ensures that farmers will be entitled to reimbursement when their fields become contaminated with unwanted Roundup Ready canola or any other unwanted GMO plants.

'In an indirect way, Monsanto has acknowledged liability for the contamination of a field by the unwanted appearance of its genetically altered product,' stated Schmeiser in reaction to the settlement.

For further information: Percy Schmeiser, (306) 369-2520

---

2.Saskatchewan farmer, Monsanto Canada settle $660 small claims case
The Canadian Press, March 19 2008
http://www.oilweek.com/news.asp?ID=14978

WINNIPEG _ Percy Schmeiser may have lost his legal battle with Monsanto Canada over the use of genetically modified canola seed, but the multinational giant will have to pay the Saskatchewan farmer for the time it took to pull the offending plants out of his fields.

In a deal reached Wednesday, Monsanto Canada agreed to pay the $660 claim Schmeiser brought against it in small claims court, the final act in a decade-long legal battle watched around the world that turned the Saskatchewan farmer into a folk hero to those opposed to so-called 'Frankenfood.'

In 1998, Monsanto took the Schmeisers to court for using its patented canola seeds, which were genetically modified to be tolerant to a Monsanto-produced herbicide, without a licence, seeking damages totalling $400,000.

The farmers denied they had used the patented seeds, saying they could have blown over from a neighbour´s farm or from passing trucks. Eventually, the Supreme Court ruled Schmeiser infringed Monsanto´s valid patent on a gene it ed into canola plants, although he did not have to pay the damages.

But in 2005, more modified canola sprouted on Schmeiser´s land and he was ordered to remove it.

'Monsanto ... offered to remove it, but before they did so, they wanted Percy to sign a release with a confidentiality clause,' said Schmeiser´s lawyer Terry Zakreski. 'Percy was not prepared to do that.

'He picked out the weeds himself and sent Monsanto a $660 bill.'

Now that that bill will be paid, that's likely the end of Schmeiser vs Monsanto, said Zakreski. An outstanding lawsuit the farmer brought against the agribusiness giant has lain dormant for years.

But Schmeiser found himself an international spokesman for those opposed to genetically modified crops.

Donations from across the continent and speaking fees from conferences as far away as Rome helped pay his legal bills. And last year, the Schmeisers were among the winners of the 2007 Right Livelihood Award, a Swedish award considered an 'alternative Nobel' for their efforts to promote peace, biodiversity and renewable energy.

In a release, Monsanto spokeswoman Trish Jordan said the company has assisted many others with removing unlicenced modified canola _ 16 farmers in 2007 alone. None raised concerns with Monsanto´s release form, Jordan said.

'It is frustrating that (Schmeiser) essentially accepted the same offer we put before him in 2005. This entire matter could have been resolved more that two and a half years ago.'

By Bob Weber in Edmonton

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