This has never actually happened. Seed companies can sue for knowingly using their seeds without licensing agreements or for saving seeds despite signing a technology agreement that restricts farmers from saving part of their crop and using it as seed in a subsequent year. The myth that they have sued farmers who unknowingly have GMOs in their field was spread by misrepresenting cases like that of Canadian farmer Percy Schmeiser, who claimed that he was sued when Roundup Ready canola plants were discovered on his farm. However, the Canadian court that heard the case concluded that Schmeiser intentionally planted Roundup Ready canola seeds. In addition, saving seeds isn’t something many farmers typically do, whether hybrid or GMO, because they don’t breed true. So, this is not a new issue nor is it unique to GMOs. Farmers choose what seeds they want to purchase, so if they want to save seeds, they are able to purchase seeds not under any type of patent. Additionally, in many public sector projects — such as the Hawaiian papaya, insect-resistant eggplant in Bangladesh, and Water Efficient Maize for Africa — farmers are free to save and share GMO seeds and no royalties are charged.
