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Pesticide Action Network: "Brazil, the world's second largest user of genetically engineered (GE) seeds, just took Monsanto down a notch. The court focused on Monsanto's harassment and exploitation of farmers - potentially causing huge financial losses to the company, and keeping their army of lawyers busy for a while."

Farmer spraying his crops. (photo: Pesticide Action Network)
Farmer spraying his crops. (photo: Pesticide Action Network)



How Brazil Stopped Monsanto's Bullying

By Pesticide Action Network

29 June 12

 

razil, the world’s second largest user of genetically engineered (GE) seeds, just took Monsanto down a notch. The court focused on Monsanto’s harassment and exploitation of farmers — potentially causing huge financial losses to the company, and keeping their army of lawyers busy for a while. Meanwhile, we celebrate a rare commonsense legal decision.

Monsanto's RoundUp Ready soy seeds comprise 85% of all soy grown in Brazil, and the corporation has been making a tidy profit charging farmers a levy of 2% on top of the cost of seed. In April, a Brazilian court ruled this levy illegal.

Monsanto appealed the court’s decision, which has been suspended for now and is being reviewed by a judicial tribunal in the state of Rio Grande do Sul. Monsanto also appealed to the Brazilian Supreme Court to limit the tribunal’s ruling to the state of Rio Grande do Sul, but this appeal was denied. Whatever the Rio Grande do Sul tribunal rules could be applied to the whole country, potentially increasing Monsanto’s liabilities to pay farmers back.

Banditry, Bullying & Highway Robbery

This is a first step in what we hope will be a victory for Brazilian farmers against harassment by Monsanto, a corporate giant that makes a sport out of threatening farmers’ livelihoods in the U.S. and around the world.

Monsanto’s overzealous protection of its "intellectual property" for GE seeds includes testing of non-GE farms to see if any traces of GE seeds are present on the farm. This policing exposes farmers to levies by Monsanto claiming intellectual property infringement, even in cases where farmers' crops were contaminated against their will and without their knowledge.

"Genetic drift" is an established reality for farmers who say it is almost impossible to prevent contamination of their fields by GE seeds from neighboring farms. This was one of the main arguments made by farmers against Monsanto in Brazil, where the company charged a levy of 3% of their crop sales on farmers on whose farms they found "illegal" GE soy seeds.

Previous to this ruling, if Brazilian farmers planted GE seeds "illegally," but admitted this to their local trader at point of sale, they were charged a penalty fee of 2.3% of their crop's value. If, however, they denied using Monsanto's seeds but on-site testing revealed genetic contamination of as little as 1% of their crop, they were then required to pay a higher penalty fee of 3% of their entire crop's value.

Contamination at the 1% level is virtually inevitable, because in Brazil most farmers must rent harvesting equipment and that equipment often has traces of GE seed from previous uses. Brazilian farmers we spoke with on a visit last fall reported that they felt trapped into falsely "admitting" illegally planting GE seed in order to pay the lower of the two fines.

In the U.S. we call this highway robbery. Nice to see Brazil take the bandits down a notch.

 

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+27 # cordleycoit 2012-06-29 20:51
Too bad no one follows the money trail in this country to see who in Monsanto puts the money in the judges hand, in the politician's hand and in the publisher's hand. Don't they have to pay tax on bribe money? Too bad anonymous is on hold. The cost of bribery is always inflating.
 
 
+39 # X Dane 2012-06-29 20:57
And we ask: "Why don't they like us??" Gee, could it be because the big companies are bandits and bully poor farmers all over the world.

It really takes the cake, that they ROB the farmers because THEIR PRODUCTS have contaminated fields of farmers, who do NOT want to use their seeds!!

That is unfortunately what happens here too. Organic farmers' fields get contaminated, by grains (wind borne) from a neighbor's Monsanto fields.
 
 
+43 # X Dane 2012-06-29 21:03
Good for Brazil that they are taking Monsanto to court. I sure hope they win.
That nasty giant needs to be taken down MANY notches.
 
 
+31 # Barkingcarpet 2012-06-29 21:41
Monsanto IS the devil incarnate. Evil, heartless goons, profiteers, and just plain bad folks.
 
 
+39 # Rascalndear 2012-06-29 23:40
This entire story of Monsanto is quite simply disgusting. No private entity should have the right to "police" other private entities. Policing is the job of the state. If the state has regulations, let it police. But a private company running around policing and fining people suggests that Monsanto is being treated like a state within a state. This is totally UNACCEPTABLE.
 
 
+27 # sandyclaws 2012-06-30 04:16
Wouldn't it be nice if justice did not go to the highest bidder? There is right and there is wrong. A farmer that has his crop tainted by a GM crop should be able to sue the owner of the patent and not the farmer that plants it.

Ifa dog jumped a fence and impregnated somebodies bitch against the owners wishes...would the owner of the bitch expect to have to pay the owner of the male for something he didn't want in the first place? NO!!! Theft is when somebody starts out to take something away from someone else for no pay. I'm sure someoje doesn't buy property next to somebody growing monsanto seeds, and plant the non-monsanto crop hoping that the wind will blow the pollen in the right direction so he could steal his seed. If anything he should sue the monsanto company who invented that seed because people don't want to eat the genetically modified food. People and the courts can't be that stupid. I have found that in my life if it seems that people are doing something stupid...it is because they are doing something crooked and from that self-serving standpoint it's a good idea! If the greatest court in the land can be bought, why not a lower court? From a corrupt standpoint, what's right is wrong!
 
 
+40 # mdhome 2012-06-30 04:23
That is like if the music industry charged me if I heard a song from a passing car, even if I hated the song and never wanted to hear it.
 
 
+19 # Mrcead 2012-06-30 05:07
A crook is a crook. It started with a rock, then a club, then a spear, then a sword, then a knife, then a gun, then a charter, then a contract, then a law, then a newscast, then an election and it will continue to evolve and torment us unless the good people finally put a stop to it.

If Capitalism and competition both stimulate the economy and promote advancing technologies further, then Copyright is what grinds the pace of advancement and the economy to a slow crawl.

Don't get me wrong, copyright is copyright, people have a basic right to enjoy the fruits of their labour - for a time (since a person MUST use resources and knowledge bestowed unto him/her by a society, the result of his/her work ultimately belongs to the members/contrib utors of society itself - if keeping with the true spirit of copyright).

I also know that if too stringent, copyright strangles innovation down to the pace of one man's lifetime. No one man or company is more important than the needs of the entire world. I thought we had already established that?
 
 
+12 # sgmp 2012-06-30 05:10
Could someone tell me who writes laws on intellectual property that Monsanto operates under? Is it Nafta?

I have read that Nafta rulings take precedence over national law (remember Caanda and California.

What are the similarities here. Thank you.
 
 
+5 # Texas Aggie 2012-06-30 06:45
There are no free trade treaties between the US and Brazil.
 
 
+22 # AMLLLLL 2012-06-30 05:16
If I were emperor for a day, Monsanto would be taken down to the size of a lemonade stand.
 
 
+34 # Texas Aggie 2012-06-30 06:44
I would think that organic farmers, at least, would have the option of suing the hell out of Monsanto for contaminating their seeds if it is found that drift from neighboring farms had cross fertilized formerly nonGM seeds. After all, they lose market share and the price for their product is hit hard.
 
 
+22 # mitchell donian 2012-06-30 08:21
Quoting Texas Aggie:
I would think that organic farmers, at least, would have the option of suing the hell out of Monsanto for contaminating their seeds if it is found that drift from neighboring farms had cross fertilized formerly nonGM seeds. After all, they lose market share and the price for their product is hit hard.

Texas Aggie hits the nail on the head. Any law firm worth its salt should counter-sue Monsanto on the accepted terms of "Genetic Drift" and file suit on the basis of "Genetic Trespass" on the part of Monsanto. Monsanto is the violator in this matter.
 
 
+8 # thymesup 2012-06-30 09:36
google percy schmeiser, canadian farmer who battled monsanto for years in court over drift/their contamination of his crop. monsanto is a big bad bully.
 
 
+4 # Street Level 2012-06-30 17:23
Even beyond the GMO health aspect debate, Monsanto's business model is predatory and down right evil.
I read an article where a reporter said that Monsanto doesn't serve GMO's in their own company Canteen because "they want to give people a choice."
Never mind the thousands of lawyers and lobbyist they have on the planet, they KNOW this stuff is bad and they push it anyway.
I'll bet Michelle Obama didn't plant GM seeds in her garden. Maybe we should ask the President since he can't keep his position on labeling GMO's.
 
 
+5 # oakes721 2012-06-30 18:40
Monsanto's mission is simply to overwhelm the Round-Up Ready invertebrate 'officials' in each country and force-feed their failed promises to farmers. Defying the laws of Natural diversity, these hyenas threaten the world's food supply.
 
 
+4 # carolsj 2012-07-02 07:19
It should not be legal to copyright or patent life forms. It doesn't seem moral to own a life, even if you have created it or modified it. Do you know that corps like Monsanto have taken native seeds and put patents on them so the native countries and people where they originated can no longer use them without paying? It may not seem so bad to own a plant species but take it a step further to owning animals and then people. This should not be allowed.
 
 
+2 # WahSupDoc 2012-07-02 08:56
Monsanto should be fined for the 'drift'!!!!
 

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