We expressed our disappointment to the ruling of Justice Andrew
MacKay when he found farmer Percy Percy Schmeiser guilty on
infringing Monsanto's intellectual property rights. Percy Schmeiser
contended that Monsanto's canola seeds contaminated his crop by
blowing from neighboring fields. However, Justice Andrew MacKay
ruled that even if the canola did blow onto Mr. Schmeiser's field,
he was not entitled to reuse it without the permission of Monsanto.
Discouraged by this judgement I philosophically stated "as we
progress towards a stronger globalization of our economies, so I
acquire the understanding that our justice system becomes global and
manufactured."
A fundamental problem today is our inability to balance property
rights with the communal good of our society. And this problem is
becoming a matter of life and death for our farmers as they oppose
the introduction of more genetically modified crops by the big
transnational corporations such as Monsanto and Novartis. We know
that Monsanto and Novartis are testing genetically modified crops in
five provinces including Saskatchewan and P.E.I., however these
companies are not disclosing the sites of these tests and Ottawa is
defending the secretive positioning of these transnationals. In
particular, Stephen Yarrow, a spokesperson for the Canadian Food
Inspection Agency (CFIA), has stated "We are on the side of the
protection of proprietary information."
Farmers are concerned of the growing reluctance of consumers to
accept genetically modified crops, and they are afraid that their
own crops can become contaminated by the present testing conducted
by Monsanto and Novartis. So on one side we have both the government
and the multinationals asserting the protection of property rights,
and on the other side we have farmers and consumers asserting their
communal good. Who is right? Who is wrong? There is not an easy
answer, a Monsanto's shareholder would claim his individual exercise
of property right, while a farmer would claim his natural right to
labour with no fear of having his land contaminated by genetically
modified seeds. But, in order to understand the legal and financial
implications of the protection of (intellectual) property rights
affecting the introduction of genetically modified crops I want to
quote law professor Amitai Etzioni and economist David Korten.
Amitai
Etzioni writes "All these examples make it clear that the
definition of property is itself based on socioeconomic facts and on
that which a society considers legitimate, and hence cannot be
simply an expression of some overarching universal nature. In short,
relying on private rights to serve as a legal basis for privacy
hardly gives this right the privileged standing that individualists
claim for it."
David
Korten writes "When the Monsanto corporation announced it was
divesting itself of most of its individual chemicals production to
concentrate on genetic engineering, its stock price doubled in
anticipation of major increases in earnings. Can the management of
the Monsanto corporation now afford to hold a new genetically
engineered product off the market until it is certain there is no
serious possibility of harmful environmental or health consequences?
We have the choice to make decisions, but it is matter of
choosing between life or money, and I made my choice.
Some references
Related social and economic articles published by Ensign
Globalizing our economies and manufacturing our justice, by Mario
deSantis, March 30, 2001 http://www.ftlcomm.com/ensign/desantisArticles/2001_300/desantis349/schmeiser_Monsanto.html
Monsanto vs Schmeiser. The Classic David vs Goliath Struggle
http://www.percyschmeiser.com/
Wheat coalition urges debate on gene modifying. Letter to PM:
Concerns include contamination, trade reputation. Elizabeth Levine,
National Post, August 1, 2001 http://www.nationalpost.com/home/story.html?f=/stories/20010801/633808.html
Secrecy surrounds GM wheat trials in P.E.I., CBC Canada, July 27,
2001 http://cbc.ca/cgi-bin/templates/view.cgi?/news/2001/07/26/gm_wheatpei010726
Concerns raised about GM wheat crops, CBC Canada, July 22, 2001
http://cbc.ca/cgi-bin/templates/view.cgi?category=Canada&story=/news/2001/07/21/gm_foods010721
The Limits of Privacy, Amitai Etzioni, Basic Books, 1999.
Section: 'Sources of Legitimacy for Privacy', page 201 http://www.gwu.edu/~ccps/etzioni/index.html
The Post-Corporate World, by David Korten, 2000, Section: 'To
restore the Rights of the Living,' page 187 http://iisd.ca/pcdf/post-corporate.htm |