Law and Tech A weblog on Law and Technology

1Apr/110

Organic Farmers File Suit Against Monsanto

The Public Patent Foundation (PUBPAT) filed suit on Tuesday, Marc. 29, against the biotech giant Monsanto as  a preemptive measure to protect farmers from patent infringement lawsuits.   The suit was filed in the federal district court in Manhattan on behalf of 60 family farmers, seed businesses and organic agricultural organizations. 

The case, Organic Seed Growers & Trade Association, et al. v. Monsanto is intended to protect farmers from legal action by Monsanto when their crops are contaminated by Monsanto's patented, genetically modified (GM) seed.  According to the law,  Monsanto is entitled to sue farmers  if its GM seeds are found on a farm that did not purchase a license for the seed from Monsanto, even if the crops were contaminated from seeds drifting over accidentally or though natural cross-pollination.

Once in the environment, GM seeds can potentially contaminate and destroy the organic seed for similar crops.  Organic canola has become seriously threatened as a result of contamination from GM canola.  Because Monsanto is developing genetically modified seed for many other crops, such as corn, soybeans, cotton, sugar beets and alfalfa, many fear that the future of agriculture, and thus the future of the food supply,  are at risk.

Dan Ravicher, PUBPAT's Executive Director, Lecturer of Law at Benjamin N. Cardozo School of Law in New York, and the plaintiffs' lead attorney in the case stated that PUBPAT is asking the court to declare that if organic farmers are contaminated by Monsanto's GM seed, they should not be liable for patent infringement.  PUBPAT's filing argues that Monsanto's patents on genetically modified seed are invalid because they don't meet the “usefulness” requirement of patent law, and cites evidence that genetically modified seeds have negative economic and health effects.

“Some say transgenic seed can coexist with organic seed, but history tells us that's not possible, and it's actually in Monsanto's financial interest to eliminate organic seed so that they can have a total monopoly over our food supply,” said Ravicher.  “Monsanto is the same chemical company that previously brought us Agent Orange, DDT, PCB's and other toxins, which they said were safe, but we know are not.  Now Monsanto says transgenic seed is safe, but evidence clearly shows it is not.”

Monsanto, in a statement on its blog called the suit's allegations "false, misleading, and deceptive," and went on to say,  "[i]t has never been, nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seed or traits are present in farmer’s fields as a result of inadvertent means."

Ravicher said, however, "[i]t seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients.”