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Monsanto Canada Inc

Question 56

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Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. In the case of Monsanto Canada Inc. v. Schmeiser, what did the Supreme Court of Canada hold?


A) One can patent genetically altered plant forms. Monsanto lost the action, however, as the farmer's infringement was not deliberate.
B) While genetically altered plant forms can be patented for medical purposes, they cannot be patented for commercial gain.
C) One can patent genetically altered plant forms. By collecting, saving, and planting the seeds, the farmer infringed the Patent Act.
D) One cannot patent genetically altered plant forms. Life forms cannot properly be the subject of a patent application.
E) Possession of genetically-modified plants is illegal in Canada. Accordingly, the civil action was dismissed.

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