California Business Practice- April 2014

Monday, November 15, 2010

Monsanto and GM Crop Patents: Can you really own a Plant?

GM stands for genetically modified, and the Monsanto Corporation owns the patents for most GM crops in existence today. This may not seem like an issue, but the decisions made by the Supreme Courts, of both Canada and the U.S., have not only allowed Monsanto to patent a plant, but they allow Monsanto to pursue any farmer who wrongfully violates the terms of any one of these patents, including the mistaken planting of GM crops onto fields that do not already have GM crops. So basically, the courts are allowing Monsanto to sue farmers who have GM crops on their land that have not purchased the seed themselves. Again, this does not seem like an issue because this is basic patent law, but when one takes into account the range of possibilities in which seed can be transplanted (through accidental cross pollination by wind, or spill of seed, etc.) and the complexities of patenting a plant, the situation becomes just a bit more complicated. The leading case on this issue is one from Canada, called Monsanto vs. Schmeiser, that made it to the Canadian Supreme Court and ended with a decision in favor of Monsanto. To me, this seems very relevant to business law because of the patenting, but what is also interesting is the resultant decisions that have come out of this case (e.g. allowing Monsanto to investigate farmers and prosecute them if GM seed makes it onto their land). Take a look at the case, its pretty sad what Monsanto does and now can do to the average farmer.
Monsanto Canada Inc. vs. Schmeiser:
http://en.wikipedia.org/wiki/Monsanto_Canada_Inc._v._Schmeiser

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