I think so. There are probably two issues. I'd like to start with soybeans.
Soybeans are a relatively easy crop. It's not a hybrid crop, so we can make crosses reasonably easily, but we don't know if we can actually use the Roundup Ready 1 gene.Some people say we can, while other people say we need to get permission from Monsanto, and of course they'e not going to do it.
They've put in a lot of contractual laws that say as a farmer I could buy that seed, but I'm not allowed to use it for any other purpose, even though it may be off patent. Pioneer Hi-Bred has come up and said they have 260 patents on their soybeans and they're hiring ex-RCMP or ex-policemen to discover any misuse of their contract law, so people are afraid. You don't want to invest seven or 10 years in developing a trait with an off-patent gene, and then, even if you're right, if you're tied up in court because they have more legal expertise and a bigger legal budget, you've spent seven or 10 years doing nothing.
We need some clear rules on when something was off patent and how you take that germplasm the off-patent gene is in and incorporate it into your breeding program without fearing that you're going to be taken to court later on. We don't want to steal anything; we just want access to stuff that should be off patent and free.
The other thing is they use what they call evergreening. They add one patent to another patent, and then you can't separate that gene out of the mixture. There's no clear rule.
We've talked to CFIA, to the Seeds Act people, to companies that sell the seed, and of course they say you have to talk to Monsanto. I know why these companies are doing this, and if I were them I'd probably do the same thing, but I think for the public good and for competition in the market, we need some clearer rules on how we can use those things after they've already had the protection. I think fair is fair to some degree.