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Monsanto Canada Inc V. Schmeiser
''Monsanto Canada Inc v Schmeiser'' 0041 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. 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 h ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Genetically Modified Canola
Genetically modified canola is a genetically modified crop. The first strain, Roundup Ready canola, was developed by Monsanto for tolerance to glyphosate, the active ingredient in the commonly used herbicide Roundup. Genetic modification Glyphosate is a broad-spectrum herbicide, which is used to kill weeds and grasses which are known to compete with commercial crops grown around the world. The first product came onto the market in the 1970's under the name ‘Roundup’. Plants which are exposed to glyphosate are unable to produce aromatic amino acids and in turn die. To produce the Roundup Ready canola, two genes were introduced into the canola genome. One is a gene derived from the common soil bacterium ''Agrobacterium'' strain CP4, that encodes for the '' EPSPS'' enzyme. The other is a gene from the '' Brucella anthropi'' strain LBAA, which encodes for the enzyme glyphosate oxidase (''GOX''). The CP4 ''EPSPS'' enzyme imparts high tolerance to glyphosate, so the plants can ...
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List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases fro ...
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Bowman V
Bowman may refer to: Places Antarctica * Bowman Coast * Bowman Island * Bowman Peninsula Australia * Bowman Park, a park in South Australia * Bowmans, South Australia, a locality * Division of Bowman, an electoral district for the Australian House of Representatives * See also Bomen, New South Wales Canada * Bowman, Quebec, a village and municipality * Bowman Bay (Nunavut) United States * Bowman, Chicot County, Arkansas, an unincorporated community * Bowman, Craighead County, Arkansas, an unincorporated community * Bowman, California, an unincorporated community * Bowman, Georgia, a city * Bowman, Indiana, an unincorporated community * Bowman County, North Dakota ** Bowman, North Dakota, a city and county seat * Bowman Creek, a tributary of the Susquehanna River in Pennsylvania * Bowman, South Carolina, a town * Bowman, Tennessee, a census-designated place and unincorporated community * Bowman Bay (Washington) People * Bowman (surname) * Bowman, a person who practices arche ...
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Monsanto Co
The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup, a glyphosate-based herbicide, developed in the 1970s. Later the company became a major producer of genetically engineered crops. In 2018, the company ranked 199th on the Fortune 500 of the largest United States corporations by revenue. Monsanto was one of four groups to introduce genes into plants in 1983, and was among the first to conduct field trials of genetically modified crops in 1987. It was one of the top 10 US chemical companies until it divested most of its chemical businesses between 1997 and 2002, through a process of mergers and spin-offs that focused the company on biotechnology. Monsanto was one of the first companies to apply the biotechnology industry business model to agriculture, using techniques developed by biotech drug companies. In this business model, compa ...
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Montreal
Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple-peaked hill around which the early city of Ville-Marie is built. The city is centred on the Island of Montreal, which obtained its name from the same origin as the city, and a few much smaller peripheral islands, the largest of which is Île Bizard. The city is east of the national capital Ottawa, and southwest of the provincial capital, Quebec City. As of 2021, the city had a population of 1,762,949, and a metropolitan population of 4,291,732, making it the second-largest city, and second-largest metropolitan area in Canada. French is the city's official language. In 2021, it was spoken at home by 59.1% of the population and 69.2% in the Montreal Census Metropolitan Area. Overall, 85.7% of the population of the city of Montreal co ...
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Annabel Soutar
Annabel Soutar (born 1971) is a Canadian playwright who specializes in documentary theater. Biography Annabel Soutar was born in Westmount, Quebec, to Ian Alexander Soutar, an investment banker and philanthropist, and Helgi Soutar. She has two siblings, James Soutar and Adam Soutar. She graduated with an A.B. in English from Princeton University in 1994 after completing an 174-page-long senior thesis, titled "Of Beauty Born - A Journal of the Creative Process", under the supervision of Michael Cadden. At Princeton, she studied English and theatre and discovered the early documentary plays of Anna Deavere Smith, whose plays influenced her to create drama which focuses primarily on social action and critique. In 1998, Soutar and her husband, actor Alex Ivanovici, began work on the play ''Novembre'' by interviewing people about the 1998 provincial election in Quebec. Lacking an official title for this endeavor, Soutar and Ivanovici came up with the name "Porte Parole" (French for ...
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Harvard College V
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher learning in the United States and one of the most prestigious and highly ranked universities in the world. The university is composed of ten academic faculties plus Harvard Radcliffe Institute. The Faculty of Arts and Sciences offers study in a wide range of undergraduate and graduate academic disciplines, and other faculties offer only graduate degrees, including professional degrees. Harvard has three main campuses: the Cambridge campus centered on Harvard Yard; an adjoining campus immediately across Charles River in the Allston neighborhood of Boston; and the medical campus in Boston's Longwood Medical Area. Harvard's endowment is valued at $50.9 billion, making it the wealthiest academic institution in the world. Endowmen ...
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Patent Act (Canada)
The ''Patent Act'' is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada. It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights. Purpose The purpose of a patent is to protect inventions. Patents provide the owner of a patent with the exclusive right to make, use and sell a patented invention.Patent Act, RSC 1985, c P-4
s 42. These restrictions form a system of encouraging economic and technical growth. The patent is a contract between the inventor and the government who represents society. The inventor obtains a monopoly limited to a 20-year term of producing and selling the patent. Society gains disclosure of the inventio ...
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Attorney General Of Ontario
The Attorney General of Ontario is the chief legal adviser to His Majesty the King in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario (the cabinet) and oversees the Ministry of the Attorney General – the department responsible for the oversight of the justice system in the province of Ontario. The Attorney General is an elected Member of Provincial Parliament who is appointed by the Lieutenant Governor of Ontario on the constitutional advice of the Premier of Ontario. The goal of the Ministry of the Attorney General is to provide a fair and accessible justice system that reflects the needs of the diverse communities it serves across government and the province. The Ministry represents the largest justice system in Canada and one of the largest in North America. It strives to manage the justice system in an equitable, affordable and accessible way throughout the province. Doug Downe ...
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International Center For Technology Assessment
The International Center for Technology Assessment (ICTA) is a U.S. non-profit bi-partisan organization, based in Washington, D.C. ICTA was formed in 1994. Its executive director is Andrew Kimbrell. Its sister organization is the Center for Food Safety. In 2004, ICTA took an active part in Monsanto Canada Inc. v. Schmeiser, a leading Supreme Court of Canada case on patent rights for biotechnology. The case involved Percy Schmeiser, a Saskatchewan canola farmer. Intervening on Schmeiser’s behalf were a consortium of six non-government organizations, among which was the International Center for Technology Assessment. Schmeiser lost the case. In 2006, Friends of the Earth and ICTA filed a formal petition with the Food and Drug Administration urging better monitoring and regulation of cosmetic and toiletry products containing nanoparticles, and stating that they would sue the FDA if it did not take adequate action in 180 days. See also *Implications of nanotechnology *Nanotoxicol ...
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National Farmers Union (Canada)
The National Farmers Union of Canada (NFU) is an National organization which represents the demands of Canadian farmers to achieve policy and reform. It is headquartered in Saskatoon, Saskatchewan, Canada. Descended from the United Farmers of Canada, a loose federation of militant farmers' organizations, it was created as the Interprovincial Farm Union Council (IFUC) in 1945 to co-ordinate activities between provincial bodies, particularly the Alberta Farmers Union and the United Farmers of Canada (Saskatchewan Section) who were planning a farmers' strike if grievances on farm prices and marketing problems were not solved. In 1960 it was renamed the National Farmers Union and in 1969 it was refounded with a national convention as a direct membership organization. The NFU decides on and publicizes its positions on matters concerning agricultural policy through news briefs and some longer policy statements. Recent policy statements include the ''Policy on Genetically Modified (GM) F ...
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