Personally, I am quite agnostic as to whether Percy Schmeiser should be considered to be a hero. He seems to attract polarised opinions. Some think that he is an ordinary man who has been wronged by big business. Others like the last discussant would argue that Percy Schmeiser is something of a villain - because he had knowledge of there being GM crops on his land. Obviously, the view of the Supreme Court of Canada as to the knowledge of Percy Schmeiser is quite important. It will help determine whether he is guilty of infringement, and what remedies they might impose. My perspective is that the case demonstrates the need for a recognition of an innocent bystanders defence and a farmers privilege under patent law. Whatever the facts of the Percy Schmeiser case, it does seem a possibility that a farmer could infringe a patent innocently when saving seed. I realise that the risk of innocent infringement is hotly contested. Monsanto for instance argue that the likelihood of GM contamination is low. Since I wrote the piece in January 2004, the issue of liability for GM crops has become quite contentious in Australia. The Gene Technology Regulator has given approval for a number of GM canola crops owned by Bayer and Monsanto to be released. However, a number of State Governments in Australia - such as Victoria, SA, Tasmania and Western Australia - have imposed moratoriums on GM crops in Australia. Partly they are concerned about legal liability - under environmental law, tort law, patent law, and consumer protection law. They are also deeply concerned about the impact of GM crops on export markets in the EU, Asia and the Middle East - especially in relation to grain, dairy and honey. The Australian Law Reform Commission has since released its discussion paper on gene patents. It maintains that agricultural issues are outside the terms of its reference. The Commission therefore is not going to deal with such issues as farmers' rights and innocent infringement. Such issues will have to be dealt with in other forums in Australia. Matthew Rimmer