Patent laws leave farmers defenceless

12 October 2001

http://www.abc.net.au/rural/news/stories/s389354.htm

Australian farmers are being warned they could be left wide open to
being sued by agrochemical companies, unless changes are made to patent laws.

This follows a recent Canadian case where a farmer was found guilty of
growing Monsanto's GM-canola without a licence.

The farmer argued the seeds had blown on to his land from neighbouring
properties but the presiding judge indicated it didn't matter how they got there.

Doctor Brad Sherman from the Centre for Intellectual Property in
Agriculture has warned Australia's patent laws are similar to that of Canada.

And he's argued the law should be changed to give farmers greater legal
defences.

Doctor Brad Sherman: I think a good example would be in what patent law
is known as innocent infringement. That's basically where a person
hasn't, a farmer for example, hasn't done anything consciously, where
the infringement has arisen through someone elses' conduct and also as
in this case where the farmer didn't derive any benefit.