Tuesday, October 16, 2012

Farmer Tackling Monsanto's Seed Policy Gets A Day In Supreme Court

Several people protest Monsanto's enterprise practices, like this Greenpeace protester spraying paint on a firm investigation soybean field in Iowa.

Many folks protest Monsanto's business practices, like this Greenpeace protester spraying paint on a company research soybean field in Iowa.

Quite a few individuals protest Monsanto's business practices, like this Greenpeace protester spraying paint on a organization study soybean area in Iowa.

Why do so quite a few people hate Monsanto?

Is it simply because this multinational corporation pioneered some enormously profitable genetically engineered crops, like corn, soybeans, and cotton?

Possibly, but I suspect that substantially of the passion is inspired by Monsanto's hard -line technique to ownership of those crops. Monsanto claims individuals seeds and all offspring of these seeds as its intellectual property. Farmers aren't permitted to conserve and replant any part of their harvest if they do, Monsanto takes them to court and demands substantial damages. Critics call the company bullying and ruthless.

Ruthless or not, in just about all scenarios, courts have found Monsanto's strategies perfectly legal. Now, in a move that shocked many observers, the U.S. Supreme Court has determined to take a seem.

The court announced earlier this month that it will hear the arguments of a 74- year - old farmer in southwestern Indiana who says that Monsanto's far-reaching claims are unfair and illegal.

The specifics of this case are intriguing, and slightly different from the earlier "farmer v. Monsanto" cases. This farmer, Vernon Hugh Bowman, has been a loyal client for Monsanto's "Roundup Prepared " soybeans but only for the primary developing season, in the spring and early summer. Soon after he harvested that crop, Bowman occasionally attempted to squeeze in a second harvest.

That second harvest was no sure thing, so he didn't invest a lot of cash in it. He planted the least expensive seeds he could uncover. From time to time he purchased ordinary soybeans from the community grain elevator or another farmer, occasionally he applied seeds he'd saved. (Peruse the full story on your own in the farmer's account and Monsanto's response.)

But here is the issue : Monsanto's soybeans account for 94 percent of all the soybeans grown in Indiana. So nearly all the soybeans that Bowman could get his hands on contained the patented "Roundup Ready " gene.

Bowman went ahead and planted them anyway, without having spending Monsanto's " technology fee." He also took benefit of the gene. It allowed him to spray Roundup (or a generic version of the exact same weedkiller), which produced controlling weeds reasonably low-cost and uncomplicated.

Monsanto identified out and took Bowman to court. A federal judge agreed that Bowman had broken the law and ordered him to pay $84,000. An appeals court affirmed that decision.

The arguments and counter-arguments that the two sides have submitted to the Supreme Court mainly emphasis on the attain of Monsanto's patents specifically, whether Monsanto genuinely can demand a royalty for the planting of any soybean containing its patented genes.

But there's a useful problem, as well, and it obviously troubled Richard Youthful, the federal judge in Indiana who first noticed this situation. "Monsanto's domination of the soybean seed market," he wrote, signifies that all the affordable "commodity" soybeans that farmers might use for seed are now encumbered by patents.

Youthful observed Bowman's criticism of the "monopolizing results " of Monsanto's patents "compelling," but the decide basically threw up his hands. Discovering a remedy, he wrote, would be a matter for policymakers, "but this court does not make policy instead, it interprets and enforces the law, which, in this situation, does not support Bowman."

It will be appealing to see regardless of whether the Supreme Court decides to wade into this policy query. The case won't be noticed, or decided, right up until sometime subsequent yr.


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