Monsanto Wins U.S. Supreme Court Case Over GM Soybean

Monsanto Wins U.S. Supreme Court Case Over Genetically Modified Soybean

Agricultural biotechnology company Monsanto won a patent infringement claim in the U.S. Supreme Court on 13 May 2013 against an Indiana farmer who planted genetically modified soybean seeds in violation of his agreement with Missouri-based multinational.

Monsanto holds a patent over ‘Roundup Ready’ genetically modified soybean seeds, which survive exposure to the weed killer glyphosate without any effect on the crops. Monsanto sells these genetically modified seeds subject to a licensing agreement that permits farmers to plant the purchased seeds in one, and only one, growing season. Farmers may harvest, consume, and sell the crops, but are prohibited from saving any of the harvested soybeans for replanting during the next season.

Purchasers of the Roundup Ready seeds are required to sign an agreement promising both not to save any seeds produced after each harvest for replanting and not to sell the seeds to other farmers. This means that farmers must buy new seeds every year.

In contravention of this agreement, an Indiana farmer, Mr Bowman, saved seeds from one of his crops that he ultimately used to harvest eight successive crops over the following years. After discovering this practice, Monsanto sued Mr Bowman for patent infringement. In response, Mr Bowman unsuccessfully raised the defence of patent exhaustion.

The Supreme Court held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without Monsanto’s permission. The Indiana farmer was order to pay Monsanto US $85,000 in damages.

According to a new study released in April 2013, traces of the pesticide Roundup were found in food. The heavy use of the world's most popular herbicide may be linked to cancer, infertility, and Parkinson’s disease.

The approach of agri-giants Monsanto and Du Pont to genetically modified seeds has radically altered global agriculture. They are widely criticised for their negative impact on access to food and food security.

Monsanto has developed and patented genetically modified seeds for soybeans, corn, canola, sugar beets, wheat, Sorghum, and alfalfa. The company is also seeking to extend its reach into milk production by marketing an artificial growth hormone for cows that increases their milk-producing output. More recently, Monsanto acquired a U.S. patent over human breast milk.

ENDS

© Scoop Media