13.07.2015 Views

The world according to Monsanto : pollution, corruption, and

The world according to Monsanto : pollution, corruption, and

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204 the <strong>world</strong> <strong>according</strong> <strong>to</strong> monsan<strong>to</strong>“Sure,” he agreed, “but once a company has been able <strong>to</strong> isolate the gene<strong>and</strong> describe its function, it can get a patent.”<strong>The</strong> New Agricultural OrderI have already described how, as soon as Monsan<strong>to</strong> researchers had managed<strong>to</strong> cobble <strong>to</strong>gether the genetic cassette allowing the creation ofRoundup-resistant soybeans, the company filed a patent application <strong>and</strong> receivedthe patent without difficulty. <strong>The</strong> patent ran until 2004 in the UnitedStates. In June 1996, the European Patent Office in turn granted a patent<strong>to</strong> RR soybeans, which applies by extension <strong>to</strong> any plant variety in<strong>to</strong> whichthe cassette can be inserted: “maize, wheat, rice, soybean, cot<strong>to</strong>n, sugar beetrapeseed, canola, flax, sunflower, pota<strong>to</strong>, <strong>to</strong>bacco, <strong>to</strong>ma<strong>to</strong>, lucerne, poplar,pine, apple, <strong>and</strong> grape,” which tells a lot about the company’s plans.*Monsan<strong>to</strong> then had <strong>to</strong> find the means <strong>to</strong> enforce its intellectual propertyrights. One might think that the strategy of first selling user licenses <strong>to</strong> seeddealers <strong>and</strong> then acquiring the principal seed companies would amply secureits return on investment, but this was not the case. Monsan<strong>to</strong>’s realproblem was farmers themselves, who around the <strong>world</strong> still had the annoyinghabit of saving part of their crop <strong>to</strong> replant it (except for hybrids, whichdo not include au<strong>to</strong>gamous plants such as soybeans <strong>and</strong> wheat). “In somecountries, farmers commonly save seed for planting the following year,” cautiouslynoted Monsan<strong>to</strong>’s 2005 Pledge Report, which the company has publishedperiodically since the creation of the “new Monsan<strong>to</strong>.” “When theseed contains a patented trait, such as the Roundup Ready trait, this traditionalpractice creates a dilemma for the seed company that developed thevariety.” 2 In the 10-K form that has <strong>to</strong> be sent <strong>to</strong> shareholders <strong>and</strong> filed withthe SEC every year, the language was more direct. Under the heading“Competition,” the company stated in 2005: “<strong>The</strong> global markets for ourproducts are highly competitive. ...In certain countries, we also competewith government-owned seed companies. Farmers who save seed from oneyear <strong>to</strong> the next also affect competitive conditions.”<strong>The</strong> company’s language seems <strong>to</strong> suggest that the practice of saving seedsexists only in distant <strong>and</strong> backward countries. This was so far from being the*Patent EP 546090, titled “Glyphosate <strong>to</strong>lerant 5-Enolpyruvylshikimate-3-Phosphate Synthases.”

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