How Monsanto Used Gene Patents To Corner The Market In Seeds
from the you-can't-eat-without-eating-Monsanto dept
Dark Helmet points us to the news of an Associated Press investigation into how Monsanto basically cornered the market in seeds by using gene patents and coercive licensing agreements that basically make it impossible to grow certain products without having to first reach a restrictive agreement with Monsanto. And they did this all in about a dozen years. Gene patents are already troubling enough, and reading this report on how Monsanto used its gene patents to basically wipe out all competition is quite telling in exactly how patents can be used to significantly harm a market. Of course, beyond the ridiculousness of gene patents, this situation has been made worse by the recent Supreme Court decision that said that Monsanto could put an end user license agreement on seeds, such that even if you collected seeds from your own harvest to replant them, you could be found guilty of infringing on Monsanto's patents. The investigation here details how Monsanto basically has completely cornered the market, even limiting publicly funded research into certain seeds. And, of course, now the company is raising prices on various seeds when many farmers have little in the way of other options.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: gene patents, patents, seeds
Companies: monsanto
Reader Comments
Subscribe: RSS
View by: Time | Thread
Proof positive...
[ link to this | view in chronology ]
Re: Proof positive...
Are you really doing what I think you're doing?
Wow.
[ link to this | view in chronology ]
AC / DC Agriculture
[ link to this | view in chronology ]
Appropiate comparisons
This RIAA/MPAA entertainment industry in bed with Biden isn't new, Monsanto and the government has been in bed since before agent orange. I'm sure there are many more examples.
I'm glad that the cottage cheesed colored Dark Helmet brought this to light again.
[ link to this | view in chronology ]
Re: Appropiate comparisons
[ link to this | view in chronology ]
Food inc.
Monsanto also uses the wind as a agent enforcer.
They have lists of people who don't use their seeds and know that it will get contaminated by crops nearby that use it so they send enforcers to investigate and get samples and if they find their genetic modified crops they sue the farmer and take over his crop.
Maybe this is why Europeans don't want genetic modified crops near them.
Only fools will let a foreigner corporation take over control of their entire crop industry.
Is that why Bush was so in favor of that and spoke so many times about that?
Could this lead to famine in the U.S. because only one corporation is controlling everything?
I don't know but that scares me. My food in the hands of a company that have no interest in the society health or wealth.
[ link to this | view in chronology ]
Re: Food inc.
[ link to this | view in chronology ]
Re: Re: Food inc.
I can think of five hundred odd people who should be *required* to see it.
[ link to this | view in chronology ]
Re: Re: Food inc.
[ link to this | view in chronology ]
Re: Re: Re: Food inc.
[ link to this | view in chronology ]
Re: Re: Re: Re: Food inc.
[ link to this | view in chronology ]
Re: Re: Re: Re: Food inc.
Will someone please think of the birds?
[ link to this | view in chronology ]
Re: Food inc.
[ link to this | view in chronology ]
Re: Food inc.
Which will we choose? God I hope we're not that stupid.
[ link to this | view in chronology ]
Re: Re: Food inc.
[ link to this | view in chronology ]
Food libel laws.
Are used to stop critics, they are lax and tilt the balance in favor of producers(the big ones of course).
[ link to this | view in chronology ]
And our response to this?
Of course Monsanto has abused the law here, and they should be rightfully blamed for doing so, but what can enforcement do when the law is on Monsanto's side? This is an excellent opportunity to show the extreme badness in granting at least 1 type of patent, and the horrible effects of that. One can only hope that the attention on this matter reaches the only logical conclusion of invaliding such poorly thought through patent validation.
I mean, what else can the DOJ or an AG do besides toot their own horn? and why would they bring up an investigation to only do that ... oh ... crap ...
[ link to this | view in chronology ]
Selective Enforcement
[ link to this | view in chronology ]
Re: Selective Enforcement
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Subsides
Yep that works great.
[ link to this | view in chronology ]
Fiat Money.
Alan Greenspan, Federal Reserve Chairman from 1987 to 2006, was a critic of fiat money in his early career, arguing in his essay, Gold and Economic Freedom, that,
This is the shabby secret of the welfare statists' tirades against gold. Deficit spending is simply a scheme for the confiscation of wealth. Gold stands in the way of this insidious process. It stands as a protector of property rights. If one grasps this, one has no difficulty in understanding the statists' antagonism toward the gold standard
The "knowledge economy" is like "fiat money" is based on shabby foundations trumpeted as real but they are just shaky.
There is no way to enforce those things in a long run and they will fail but people will suffer first.
[ link to this | view in chronology ]
Re: Fiat Money.
When you die, do you get to take it with you? Or do you just desire to leave all your riches to the man aside you on your deathbed?
If you're worth anything, they will oftentimes be lawyers and people who have a vested interest in you... Dying.
What we're starting to see here is the divestiture of early boomers into businesses to strengthen their 1970s mentality, ergo into their family. Should it continue, it will be a very troubling future.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
"Monsanto basically cornered the market in seeds by using gene patents and coercive licensing agreements"
I'm still able to get imported rice and veggies from select asian importers, so go figure. Outside the US, Monsanto isn't exactly everywhere. ;)
[ link to this | view in chronology ]
Re: "Monsanto basically cornered the market in seeds by using gene patents and coercive licensing agreements"
"Monsanto checked the fields of farmers (Trespassed without the farmers permission) that would not sign up to Monsanto's programs. If they found one seed that had the genetics of Monsanto's product, they demanded a settlement that amounted to the farmer's entire crop or sued the farmer for much more than it would be worth to just settle. Sound familiar?
Hard not possessing their product when nature spreads it from a neighboring field.
[ link to this | view in chronology ]
Re: "Monsanto basically cornered the market in seeds by using gene patents and coercive licensing agreements"
Er, the article I believe suggested they're roughly 95% of the soy market. Soy is used in, well, just about everything. So to that extent, they're ALMOST everywhere, and with 95% of crops including their genes, nature should move them to 100% before too long...
[ link to this | view in chronology ]
Evil Monsanto
http://www.seventhgeneration.com/learn/inspiredprotagonist/monsanto-evil-company
http://w ww.groovygreen.com/groove/?p=2921
Watch the video: http://happyfood-funnyfarm.blogspot.com/2009/05/monsanto-is-way-more-evil-than-i-ever.html
http:/ /www.organicconsumers.org/articles/article_13123.cfm
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re: This was news in 2003
And how does it apply to what us geeks that read TechDirt???
Six years on and nothing is happening, no public outrage, no investigations, even though this indirectly affects everyone on the planet nothing is being done. Monsanto and the big four are getting bigger and being subsidized by the taxpayers in many ways. Sony, EMI, Columbia and the likes have learned, and the prospect of this happening in the entertainment industry and the High tech sector is not only possible but probable. Mike constantly points out that the entertainment industry is doing better than ever, with these dollars they can purchase the same influence and control over our patent office and regulatory agencies as Monsanto has. If they haven't already.
[ link to this | view in chronology ]
Well worth looking at
Search for "The Future of Food" on Hulu
http://www.hulu.com/watch/67878/the-future-of-food
[ link to this | view in chronology ]
Re: Well worth looking at
[ link to this | view in chronology ]
I can not find the case right now but it was in the news few years ago. Some of the Monsanto seed spread into the neighbors fields and after a Seed DNA test that proved some of the crop was in fact the Monsanto seed they where forced to pay up. Given the balance sheet of many farms a legal fight and loss would bankrupt most farms. The evil side of me thinks this would be a good way to bankrupt your neighbors and buy up their land so you could grow more Monsanto seeds.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
http://en.wikipedia.org/wiki/Monsanto_Canada_Inc._v._Schmeiser
Of course all of this was before the Internet was as able to spread news as it is now. This is just more evidence of the uselessness of the mainstream media to spread important news. Without the Internet the mainstream media would intentionally censor this news from the public because they know darn well public outrage would never allow Monsanto to do what they did to this farmer but mainstream media only sides with rich and powerful corporations. and to the extent that mainstream media doesn't censor similar stories today and to the extent that they don't broadcast nothing but lies anymore it's only because doing so would give them a bad reputation on the Internet. and the government, mainstream media, big corporations, etc... are working very hard to turn the Internet into the same nonsense that mainstream media has turned into.
[ link to this | view in chronology ]
Re: Re: Re:
Now remember this guy got whole new seeds and they got contaminated too. But guess what Schmeiser did this time.
"On 19 March 2008 Monsanto accepted their responsibility for the genetic contamination of Schmeiser’s canola fields in an out of court settlement between Percy Schmeiser and Monsanto.
...
In 2005 Schmeiser again found Monsanto GM Rap plants on his fields. He informed Monsanto and demanded that the company remove the plants. Monsanto confirmed to Schmeiser that the plants were Roundup-Ready raps and therefore property of Monsanto. Referring to the existing judgement that the owner of a plant is also liable for plant contamination damages, Schmeiser had the plants removed professionally and forwarded the removal cost invoice to Monsanto.
In earlier attempts to achieve an out of court settlement, Monsanto had not consented to paying the removal cost amounting to $660, so Schmeiser subsequently had sued the company. Monsanto would have paid for the contamination damage, but only under the condition that Schmeiser signed a “gag agreement”, i.e. he would agree not to talk about the damage case ... Schmeiser rejected. ... When the judge asked why Monsanto had not simply paid the very small sum of $ 660, Monsanto’s lawyer Richard W. Danyliuk responded that there was a lot more involved than just $ 660.
One hour before the court hearing was scheduled on March 19, 2008 Monsanto accepted all demands of Percy Schmeiser as well as their responsibility for the contamination of Schmeiser’s fields. Monsanto does not only pay for the damage but also accepts that Schmeiser reports and informs the public about the background and that he can express his opinion and position about this case in public."
http://www.globalresearch.ca/index.php?context=va&aid=9494
Had it not been for the Internet Schmeiser would have once again lost because the mainstream media would have completely failed to report on the subject (and to the extent that they do/would report on it now it's only because not doing so would make them look bad thanks to the Internet). Before the Internets current prominence the mainstream media pretty much ignored this case and as a result Monsanto won a case thanks to absolutely ridiculous court rulings and a lack of public awareness.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re:
http://www.percyschmeiser.com/conflict.htm
Eventually he didn't have to pay, but only on a technicality. All the courts EXCEPT the supreme court ruled against Schmeiser, so basically Schmeiser had to spend TONS of money going up the expensive court chain until he eventually won when the supreme court heard the case. So in the end he really lost, he may have won the case but he lost tons of money (and time) winning that case (it's not like Monsanto paid for his court fees).
[ link to this | view in chronology ]
Re: Re:
http://www.percyschmeiser.com/profile.htm
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Food Inc. Having an Impact
[ link to this | view in chronology ]
Links
http://www.wired.com/science/discoveries/news/2000/06/37088?currentPage=1
http://www.newscientist .com/article/dn586-blowing-in-the-wind.html
http://www.time.com/time/magazine/article/0,9171,9901 11-1,00.html
http://www.sanders.senate.gov/newsroom/news/?id=c255ae23-f41a-470d-8460-a65d65df6f58
http://www.bartletteandsteele.com/journalism/vf_monsanto_2.php
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Corruption!!
[ link to this | view in chronology ]
Corner on seeds
[ link to this | view in chronology ]