Organic Seed Growers Sue Monsanto
The Public Patent Foundation filed suit yesterday in a Manhattan federal district court, on behalf of more than 50 farming organizations and farmers, against Monsanto Company. Organic Seed Growers & Trade Association et al. v. Monsanto addresses the issue of patent infringement, and whether Monsanto has the right to sue a farmer if their intellectual property (patented, genetically modified seeds) inadvertently ends up in their fields. Should Monsanto’s genetically modified (GM) seeds contaminate their crops, the plaintiffs want to be protected from accusations of patent infringement. Unfortunately, Monsanto has sued hundreds of farmers for just that, costing many farmers their livelihood. Farmers increasingly fear contamination of their crops from GM varieties despite all their efforts to avoid it.
For years, living organisms were deemed unpatentable for a number of reasons, one being that living organisms are difficult to contain. The suit states:
As Justice Story wrote in 1817, to be patentable, an invention must not be “injurious to the wellbeing, good policy, or sound morals of society,” and “a new invention to poison people … is not a patentable invention.” Lowell v. Lewis, 15 F. Cas. 1018 (C.C.D. Mass. 1817). Because transgenic seed, and in particular Monsanto’s transgenic seed, is “injurious to the wellbeing, good policy, or sound morals of society” and threatens to “poison people,” Monsanto’s transgenic seed patents are all invalid.
Monsanto’s GM seeds threaten to eradicate organic varieties due to contamination. Organic canola has already been contaminated and virtually eradicated. Monsanto also holds patents for GM canola, corn, soybeans, cotton and sugar beets. Most recently the USDA deregulated the use of GM alfalfa, making contamination of non-GM alfalfa crops a major concern, especially considering alfalfa is the 4th largest crop grown in the US and is a major food source for the cattle industry. Monsanto is working to develop many other GM crops which pose a threat to agriculture around the world.
There haven’t been any long-term studies on the human health effects of GM foods and most people are unaware that the process of genetic engineering uses viruses and bacteria to invade cells. Despite the majority of the public wanting GM foods to be labeled, there is still no requirement. The fliing of this suit represents the power of the people to challenge a giant coporation like Monsanto. To all of us who want to protect the integrity of our food supply against GM food, this is a sign of hope and it will be interesting to see the results of this case!
Sources:
http://www.pubpat.org/assets/files/seed/OSGATA-v-Monsanto-Complaint.pdf