Seed giant Monsanto has won more than $23 million from hundreds of small farmers accused of replanting the company\u2019s genetically engineered seeds. Now, another case is looming \u2013 and it could set a landmark precedent for the future of seed ownership.<\/p>\n
The lawsuits concern Monsanto\u2019s patent rights as the company strives to prevent farmers from replanting crops grown from the company\u2019s seeds. It\u2019s a concept that a study published on Tuesday \u2013 titled ‘Seed Giants vs. US Farmers’ \u2013 referred to as creating a\u00a0\u201cseed oligarchy.\u201d<\/em><\/p>\n In the report, the Center for Food Safety (CFS) said it discovered 142 patent infringement suits against 410 farmers and 56 small businesses in more than 27 states as of December 2012. The amount of money pocketed by Monsanto comes to a whopping $23 million. The study was co-produced by the Save our Seeds (SOS) campaign.<\/p>\n Another case is now on the horizon, and it\u2019s drawing wide public attention: The verdict of the trial will determine who controls the rights to seeds planted in the ground.<\/p>\n It will also determine whether patent owners of other products which can make copies of themselves \u2013 such as stem cells and strains of bacteria used for medical research \u2013 and can continue to control the use of their products after selling them. It\u2019s a scenario that wasn\u2019t even considered until recently.<\/p>\n \u201cWe\u2019re dealing with laws and doctrines that were developed in the 19th century, where the idea of self-replicating technologies didn\u2019t exist,\u201d\u00a0<\/em>Jorge Contreras, associate law professor at American University in Washington told Bloomberg Businessweek.<\/p>\n It\u2019s been dubbed a ‘David and Goliath’ trial by many, as multi-billion-dollar Monsanto goes head to head against 75-year-old Indiana farmer Vernon Hugh Bowman, who said that fighting for justice is his main concern.<\/p>\n \u201cI really don\u2019t consider it as David and Goliath,\u201d<\/em>\u00a0Bowman told the Guardian.\u00a0\u201cI don\u2019t think of it in those terms. I think of it in terms of right and wrong.\u201d<\/em><\/p>\n At the center of the case is Monsanto\u2019s protection of its patented soybean, known as Roundup Ready. When farmers like Bowman plant the company\u2019s seeds, they are only allowed to harvest the resulting crop \u2013 not keep any for next year\u2019s harvest.<\/p>\n Under these rules, farmers have to buy new Monsanto seeds to plant each season, even if they already have usable seeds in their possession.<\/p>\n However, farmers are able to buy excess soybeans from local grain elevators, many of which are likely to be Roundup Ready seeds. One of Bowman’s trips to such a grain elevator put him in Monsanto\u2019s sights.<\/p>\n \u201cWe have always had the right to go to an elevator, buy some \u2018junk grain\u2019 and use it for seed if you desire,\u201d<\/em>\u00a0Bowman explained.<\/p>\n But the question of whether he really does have that right is still up in the air. and will be determined by a Supreme Court judge.<\/p>\n Monsanto has claimed it maintains patent rights on its genetically modified seeds, even if sold by a third party such as a grain elevator. The company also said this protection extends for generations down, which means it owns seeds that are ‘descendants’ of original Monsanto seeds.<\/p>\n The company wasted no time suing Bowman, eventually winning a legal settlement of around $84,456 in 2011. Unwilling to back down, Bowman took the case to the Supreme Court. Though trials are expensive, it was Bowman\u2019s lack of cash that prompted him to take the case to America\u2019s highest court, ironically.<\/p>\n When Monsanto originally sued Bowman, he was already bankrupt as a result of land deal gone wrong, so he had very little to lose.\u00a0\u201cI made up my mind to fight it until I could not fight it anymore,\u201d<\/em>\u00a0he said.\u00a0\u201cI thought, I am not going to play dead.\u201d The farmer has received an impressive outcry of support, including CFS and the Save our Seeds campaigning group.<\/p>\n <\/p>\n Monsanto has set up a website defending its arguments. The company insists a victory by Bowman in the Supreme Court could\u00a0\u201cjeopardize some of the most innovative biotechnology research in the country\u201d<\/em>\u00a0in industries ranging from farming to medicine.<\/p>\n \u201cWithout such protections, anyone could create a virtually limitless supply of patented technology, eviscerating the incentive to continue the R&D investments that will bring about the breakthroughs of tomorrow,\u201d<\/em>\u00a0David Snively, general counsel for Monsanto, said in a statement.<\/p>\n A victory for Bowman\u00a0\u201cwould potentially kill the seed industry,\u201d\u00a0<\/em>Peter Corless of Edwards Wildman Palmer LLP in Boston, which specializes in biotechnology patents, told Bloomberg Businessweek.\u00a0\u201cNo one would bother doing the research. If you sold just one round of seeds, you\u2019d never be able to price high enough to recoup the costs of development and marketing.\u201d<\/em><\/p>\n But Bowman\u2019s lawyer said that issues regarding research aren\u2019t his client\u2019s problem.<\/p>\n \u201cThe reality is, he\u2019s not a free-rider,\u201d<\/em>\u00a0Attorney Mark Walters told Bloomberg Businessweek.\u00a0\u201cHe paid fair value for these seeds and like any owner of personal property he should be able to use it for any purpose he chooses. It\u2019s not competitive with first-generation seed that Monsanto sells.\u201d<\/em><\/p>\n <\/p>\n Reuters \/ Alessandro Garofalo<\/p>\n slohnute z http:\/\/rt.com\/usa\/news\/monsanto-seeds-trial-bowman-123\/<\/p>\n Pozrite si tiez PDFko\u00a0\u00a0Seed-Giants\u00a0vs. US Farmers<\/a><\/p>\n <\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" Seed giant Monsanto has won more than $23 million from hundreds of small farmers accused of replanting the company\u2019s genetically engineered seeds. Now, another case is looming \u2013 and it could set a landmark precedent for the future of seed ownership. The lawsuits concern Monsanto\u2019s patent rights as the company strives to prevent farmers from … Continue reading Monsanto, zas<\/span>
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\nThe Supreme Court trial is scheduled for February 19.<\/p>\nHindering the \u2018breakthroughs of tomorrow?\u2019<\/h3>\n