European Top Court Tells Monsanto It Can't Abuse Patent Law To Stop Import Of Argentinian Soymeal
from the live-by-the-patent... dept
Seed giant Monsanto is a case study in how abusing patent laws can create serious anti-competitive results. Monsanto, of course, patented various genetically modified seeds, and then aggressively used patent laws around the world to make it so that it was effectively impossible to do much without having to pay Monsanto. The US Supreme Court made things even worse a few years back by saying that Monsanto's patents were infringed upon when farmers hung onto seeds from this year's crop to plant next year (a very common practice in farming). Last week, the US Supreme Court again helped out Monsanto by ruling (mostly) in its favor in another case concerning Monsanto seeds.However, the company is starting to see a lot more problems with its aggressive stance around the world. This week, the European Court of Justice smacked down Monsanto over its attempt to bar the import of Argentinian soymeal. Apparently Monsanto had failed to get a patent on its famous Roundup Ready soybeans in Argentina (which now dominate the market), and dealt with it by blocking the import of such soybeans to other countries. Argentinian producers figured that if they couldn't sell soybeans directly, they could process it into soymeal and sell that. Monsanto claimed that because the soymeal came from soybeans that would be patented in Europe, the soymeal was also infringing. The court disagreed.
That the court disagreed wasn't a huge surprise. The court had more or less made that clear a few months ago. Because of that, Monsanto tried to duck an important ruling against it by settling the dispute and withdrawing the original patent complaint. The European Court seemed to decide it wasn't going to let Monsanto off that easily. Even with the complaint withdrawn, the Court still went ahead with the judgment, making the point clear.
Separately, some governments are now kicking off investigations into Monsanto's advertising statements about the very same Roundup Ready soybeans. Combine all of that and Monsanto also reported dreadful earnings, with a 45% profit drop.
Once again, we're seeing what happens when you live off of artificial monopolies. They can make you rich in the short term, but they're no trick to building sustainable businesses. What the government gives in the form of monopoly rights, it can also take away.
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Filed Under: argentina, europe, patents, seeds, soy beans, soymeal
Companies: monsanto
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Apparently its seed business is holding its own, but it is taking a beating in the herbicide market in the face of what seems to be some pretty stiff competition from other brands and generics.
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What goes around, comes around - and for the likes of monsanto, hopefully it does not take too long.
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What government will allow their food to become controlled by a foreign country?
Only the U.S. let that happens.
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http://en.wikipedia.org/wiki/Group_of_77
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Re:
They routinely use legal costs to put small farmers out of business. They throw up a patent infringement lawsuit, and $500,000 later, the farmer has no hope of ever seeing profitability again.
Whereas the RIAA is just the old guard seeing the death of a natural monopoly on distribution, Monsanto is an active monopolist who have 2 supreme court justices as former employees. They have people with strong company ties in every relevant government office.
They sued a guy for patent infringement for cross fertilization through a nearby field. They are evil.
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Gluttons
How a company can honestly sue a dairy because their commitment NOT to use an artificial hormone makes them look "bad" in the consumers eyes is laughable at best.
Much less that they'd sue a farmer for trying to get the most out of what they paid for by using a few left overs. C'mon....really?!
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If all the music is the same and suddenly no one can tolerate it, then it shouldn't be hard to weather a few years by relying on the classics and public domain, and then wait for artists to make different music.
If all the food is the same, however, and the currently increasing corn allergies soar or a disease attacks the mono-culture, if Round Up resistant weeds choke out the Monsanto seeds, or if the oil supply fails and we can't grow these lame plants anymore for lack of petroleum fertilizer, then we get a famine, and replacing the collapsed crop with the genetic diversity Monsanto litigated out of cultivation will take longer than the canned food will support us.
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The land is then sold to meet the court costs, and when it has been turned under to "development" it will never be regained.
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Hope against hope
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Dear Mike:
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anti-anti-competition
http://www.imdb.com/title/tt1112115/
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Re: Dear Mike:
Of course that's not to say that the scope of this blog can't overlap with Monsanto issues from time to time, it certainly does, and when it does Techdirt discusses it. But I don't think it's a good idea for Mike and perhaps posters here to spread their discussion scope too thin, because that requires a lot more time keeping up with and investigating Monsanto in detail and being that time is limited it takes away from some of the details that can be discussed on other topics.
What might be a good idea is if other Techdirt moderators focused on Monsanto and perhaps blogged about it, moderators who can spend time investigating these issues and formulating defensible positions in more detail without taking away Mike's time used to come up with defensible positions on the topics that he discusses. Then again, I'm sure there are many many other blogs that do that already.
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Monsanto rant
Good job!
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Re:
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Re: Re: Dear Mike:
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Dog pile on Monsanto!
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asdfasdf
http://www.biolsci.org/v05p0706.htm#headingA11
And causes infertility:
http://www.huffingtonpost.com/jeffrey-smith/will-genetically-modified_b_145320.html
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$Monsanto and $Microsoft - The Corporatists
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Re:
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Monsanto is one of the very few truly evil companies posted about on this site.
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