30 Mar 2011 03:31 PM PDT Source IP-Watch. By Catherine Saez @ 3:00 pm
Public Patent Foundation filed a lawsuit yesterday against Monsanto patents on seeds genéticamente modificadas junto con los agricultores pidiendo ser protegido contra posibles demandas del gigante de la biotecnología en caso de contaminación accidental de las plantas cultivadas con sus semillas.
En nombre de 22 organizaciones agrícolas, 12 empresas de semillas y 26 fincas y agricultores, la Public Patent Foundation (PUBPAT) está demandando a la empresa de biotecnología en la corte federal del distrito de Manhattan y asignado a la jueza Naomi Buchwald.
Los agricultores orgánicos tuvieron que preventivamente protegerse de la potencial violación de patentes en caso de contaminación accidental de sus cultivos por organismos genéticamente modificados (OGM), dijo PUBPAT.
"This case asks whether Monsanto has the right to organic farmers sue for patent infringement when Monsanto's GM seeds land on their property," said Dan Ravicher, PUBPAT executive director and a professor of law at the Benjamin N. Cardozo School of Law in New York. PUBPAT is a non-profit legal services based in the Cardozo Law School. Its stated mission is "to protect freedom in the patent system."
"It seems rather perverse that an organic farmer contaminated by GM seeds could be sued for patent infringement, but Monsanto has made these allegations before and is famous for have sued hundreds of farmers in cases of patent infringement, so we had to act to protect the interests of our customers, "he said in a news release.
According to the lawsuit," the coexistence of GM seeds and seeds organic is impossible because the GM seed contamination and eventually exceeds the organic seed. "
" History has proven this already, since shortly after the transgenic canola seeds were introduced, the organic canola virtually extinct as a result contamination of GM seeds. Organic corn, soybeans, cotton, sugar beet and alfalfa now face the same fate, GM seeds have been released for each of these crops, "it reads.
In a compromise on farmers and published patents, Monsanto declared in article 10:" We will exercise our patent rights when traces of our patented seeds and their characteristics are present in the fields of farmers resulting unseen means. "
The plaintiffs are largely organic farmers and organic seed companies, but also includes traditional producers never wanted to grow with genetically modified seeds, according to the lawsuit [pdf].
Through action, the plaintiffs are asking the farmers whose crops are increasingly contaminated by Monsanto's GM seeds should not be sued for patent violation.
The plaintiffs allege that "in addition to the economic damage caused by genetically modified seeds, also has potentially serious negative effects on health. On the one hand, the design of GM seeds Monsanto is going to be resistant to the herbicide glyphosate . This means that every time that Monsanto's GM seeds are more widely used, then so is glyphosate.
He said that in many countries such as members of the European Union, require clear labeling of GM foods or ingredients, but that "Monsanto has fought hard to defeat any proposal for the labeling of transgenic foods in America."
Monsanto began to apply patents on glyphosate tolerance to mid 1980, the plaintiffs say, the first patents were granted in the feature expires in 1990 and now. The plaintiffs argue that Monsanto continued to request and receive patents on Roundup Ready technology for more than two decades. They find that "Monsanto unfairly extended the period of patent exclusivity by doubling owned in a field of the invention covered by other patents Monsanto. The patents of Monsanto's GM seeds are therefore invalid for violating the prohibition of double patenting. "
PUBPAT According to the release of many of the applicants' statements in the filing of the application. For example, Jim Gerritsen, a family farmer from Maine, planting organic seeds and president of the principal applicant, Organic Seed Growers and Trade Association based in Montrose, Colorado, said: "Today is the Day of Independence. Today we are seeking the protection of the Court and put on notice.The Monsanto Monsanto's threats and abuse family farmers stop there. Monsanto genetic contamination of organic seed for organic crop ends now. Americans have the right to choose on the market -. To decide what kind of food to feed their families "
Ed Maltby, executive director of the applicant Organic Dairy Producers Alliance Northeast (NODPA) said:" It is outrageous that we are in a situation where the financial burden of GMOs [genetically modified] contamination is reduced by family farmers who have not registered or have not contributed to the growth of GM crops. "
David Murphy, founder and executive director of Food applicant Democracy Now said: "None of the original promises of Monsanto's genetically modified seeds have been realized after 15 years of wide adoption by farmers for commodities. Instead of increasing yields or less use of chemicals, farmers are exposed to more diseases of crops, a spate of super weeds resistant to herbicides, and increased costs of additional herbicide application. "
"Agricultural biotechnology has been an economic failure and biological and now threatens to undermine fundamental freedoms of farmers and consumers have enjoyed en nuestra democracia constitucional", dijo Murphy.
Fuente IP-Watch.
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