January 27, 2006
Monsanto pushes Argentina soybean patent case in Spain
Monsanto, a leading maker of farm seeds, has asked Spanish customs officials to inspect samples of soybean meal products recently shipped to that country from Argentina as part of a broader effort to force Argentine farmers to pay for the right to use Monsanto-made soybean seeds, the company confirmed Thursday.
Monsanto wants authorities to study the samples "to determine whether the shipment contains unlicensed technology".
"If so," Monsanto said, it "will pursue patent infringement proceedings in Spain in respect to the shipment".
Monsanto has tried for two years to get the Argentine government to help address Monsanto's claims that Argentine farmers properly pay the company's Roundup Ready soybean seeds only about 20 percent of the time. The rest of the time, farmers use the seeds without paying for them. Often the seeds are bought illegally in an underground seed market or replanted after each harvest. That, Monsanto says, is unacceptable.
In June, Monsanto began filing lawsuits over the shipment of soybean products to the EU. Many EU nations recognise Monsanto's patent on the GM seeds, which are used to plant 95 percent of the soybeans in Argentina. In contrast, the Argentine government has never allowed Monsanto to patent the seeds.
"Unfortunately, despite two years of discussions the parties have failed to conclude an agreement to pay for the (Roundup Ready) technology which has delivered US$1 billion of value per year over the last 10 years for the Argentina economy, and significantly more supply choices for European customer," Monsanto said in a statement.
The European feed industry, which imports up to 10 million tonnes of soymeal annually from Argentina, last year called on the government and farmers here to resolve this dispute so that it does not affect trade with the EU.
Argentine Agriculture Secretary Miguel Campos has slammed Monsanto, saying its effort to collect royalties on soybean seeds show that it is a company that cares little for the well-being of local farmers.
Monsanto says negotiations with the Argentine government and local farmers have so far proven to be feckless.
"A new crop is about to be harvested, the third harvest since discussions have taken place," the company said.
"Since no agreement has been reached yet, Monsanto has no other choice but to ensure the protection of its rights and therefore file legal actions on a shipment by shipment basis to seek damages for patent infringement for any imports of unlicensed patented technology into markets where Monsanto holds patents."
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