Biopatents and the Problem/Promise of Genetic Leaks: Farming Canola in Canada

• Published in: Capitalism, nature, socialism Vol. 21; no. 2; pp. 43 - 63
• Main Author: van Dooren, Thom
• Format: Journal Article
• Language: English
• Published: Abingdon Taylor & Francis Group 01.06.2010; Taylor & Francis Ltd
• Subjects: Biology; Canada; Canola; Farming; Genetic engineering; Genetics; Intellectual Property; Patent law; Property; Rights; Transgenic plants; Canada
• ISSN: 1045-5752; 1548-3290
• DOI: 10.1080/10455752.2010.489669

The article discusses how the allocation of intellectual property (IP) rights in plant genetic resources has raised a new set of problems around agricultural gene flows. The author explores how two recent rulings from the Canadian Supreme Court fail to address the problem of the uncontrollable movement of patented genetic material -- the 'leakiness' of genetic property. The article focuses on case studies of Monsanto's Roundup Ready (RR) canola. The author's analysis focuses on legal and philosophical issues, but it is also sensitive to Canadian farmers' concerns as discovered in interviews in June 2008. Areas of concern include farmers' autonomy and the right to save seed as well as, in some cases, concerns about plants with unlicensed, patented gene sequences growing anonymously in their fields. The author argues that prior to the introduction of intellectual property (and genetic modifications) into Canada's canola fields, these uncontrollable movements of pollen and seed by wind, insects, and a variety of other vectors would not have raised any problems. In fact, such genes have introduced genetic variability and thus adaptability into crops for thousands of years. The author concludes by recommending that an alternative to biopatents be developed that considers the needs of farmers, plant breeders,. K. Cargill