Supreme Court hands Monsanto victory over farmers on GMO seed patents, ability to sue

RT
January 14, 2013

Image: Crops (Wikimedia Commons).

The US Supreme Court upheld biotech giant Monsanto’s claims on genetically-engineered seed patents and the company’s ability to sue farmers whose fields are inadvertently contaminated with Monsanto materials.

The high court left intact Monday a federal appeals court decision that threw out a 2011 lawsuit from the Organic Seed Growers and Trade Association and over 80 other plaintiffs against Monsanto that sought to challenge the agrochemical company’s aggressive claims on patents of genetically-modified seeds. The suit also aimed to curb Monsanto from suing anyone whose field is contaminated by such seeds.

The group of plaintiffs, which included many individual American and Canadian family farmers, independent seed companies and agricultural organizations, were seeking preemptive protections against Monsanto’s patents. The biotech leviathan has filed over 140 lawsuits against farmers for planting the company’s genetically-engineered seeds without permission, while settling around 700 other cases without suing.

None of the plaintiffs are customers of Monsanto and none have licensing agreements with the company. The group argued that they do not want Monsanto’s genetically-modified organisms (GMOs) and want legal protection in case of inadvertent contact with the company’s products.

The appeals court decision was based on Monsanto’s supposed promise not to sue farmers whose crops – including corn, soybeans, cotton, canola and others – contained traces of the company’s biotechnology products.

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