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Almost Self-Reliant
NEW YORK March 29, 2011 On behalf of 60 family farmers, seed businesses and organic agricultural organizations, the Public Patent Foundation (PUBPAT) filed suit today against Monsanto Company to challenge the chemical giants patents on genetically modified seed. The organic plaintiffs were forced to sue preemptively to protect themselves from being accused of patent infringement should they ever become contaminated by Monsantos genetically modified seed, something Monsanto has done to others in the past.
The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.
This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsantos transgenic seed should land on their property, said Dan Ravicher, PUBPATs Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. It 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.
Once released into the environment, genetically modified seed contaminates and destroys organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually extinct as a result of contamination. Organic corn, soybeans, cotton, sugar beets and alfalfa now face the same fate, as Monsanto has released genetically modified seed for each of those crops, too. Monsanto is developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsantos genetically modified seed, they need not fear also being accused of patent infringement. One reason justifying this result is that Monsantos patents on genetically modified seed are invalid because they dont meet the usefulness requirement of patent law, according to PUBPATs Ravicher, plaintiffs lead attorney in the case. Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed increased production and decreased herbicide use are false.
See the full complaint at www.osgata.org.
The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan and assigned to Judge Naomi Buchwald. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers.
This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsantos transgenic seed should land on their property, said Dan Ravicher, PUBPATs Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. It 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.
Once released into the environment, genetically modified seed contaminates and destroys organic seed for the same crop. For example, soon after Monsanto introduced genetically modified seed for canola, organic canola became virtually extinct as a result of contamination. Organic corn, soybeans, cotton, sugar beets and alfalfa now face the same fate, as Monsanto has released genetically modified seed for each of those crops, too. Monsanto is developing genetically modified seed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
In the case, PUBPAT is asking Judge Buchwald to declare that if organic farmers are ever contaminated by Monsantos genetically modified seed, they need not fear also being accused of patent infringement. One reason justifying this result is that Monsantos patents on genetically modified seed are invalid because they dont meet the usefulness requirement of patent law, according to PUBPATs Ravicher, plaintiffs lead attorney in the case. Evidence cited by PUBPAT in its opening filing today proves that genetically modified seed has negative economic and health effects, while the promised benefits of genetically modified seed increased production and decreased herbicide use are false.
See the full complaint at www.osgata.org.
