The Washington Post has reported this week that the Supreme Court has ruled against the farmers, and in favor of Monsanto, ruling that the farmers had violated the genetically modified soybean patent.
Monsanto produces genetically modified seeds and other toxins commonly used in agriculture.
The Thai FDA requires importers and manufacturers in Thailand to obtain FDA approval prior to importing or manufacturing products.
The ruling means that farmers must pay Monsanto now every time they plant the company’s soybeans.
Vernon Hugh Bowman, one of the farmers at the center of the case, sought to argue that he had breached no patent, as the soybeans self-replicated themselves, and thus any violation which may had occurred was by no means intentional.
The Court however rejected what they dubbed Bowman’s “blame the bean argument” and said 8 successive soybeans crops had not been inadvertently produced.
Whilst admittedly this case does deal with the narrow issue of seeds, it of course brings with it wider issues in the area of patent protection, particularly with other self-replicating products.
The Court warned however when setting down their judgement, that the decision was a limited one and any future claims involving self-replicating products would be dealt with on the facts on a case-by-case basis.
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