GMO and the Corporate Patenting of Living Organisms: Monsanto’s Patents on Life

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GMO and the Corporate Patenting of Living Organisms: Monsanto’s Patents on Life

By Ronnie Cummins

Global Research, March 01, 2013

Organic Consumers Association

Region: USA

Theme: Biotechnology and GMO, Law and Justice

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By Katherine Paul, Ronnie Cummins

Last week, the U.S. Supreme Court began hearing arguments in a seed patent infringement case that pits a small farmer from Indiana, 75-year old Vernon Hugh Bowman, against biotech goliath Monsanto. Reporters from the New York Times to the Sacramento Bee dissected the legal arguments. They speculated on the odds. They opined on the impact a Monsanto loss might have, not only on genetically modified crops, but on medical research and software.

What most of them didn’t report on is the absurdity – and the danger – of allowing companies to patent living organisms in the first place, and then use those patents to attempt to monopolize world seed and food production.

The case boils down to this. Monsanto sells its patented genetically engineered (GE) “Roundup Ready” soybean seeds to farmers under a contract that prohibits the farmers from saving the next-generation seeds and replanting them. Farmers like Mr. Bowman who buy Monsanto’s GE seeds are required to buy new seeds every year. For years, Mr. Bowman played by Monsanto’s rules. Then in 2007, he bought an unmarked mix of soybeans from a grain elevator and planted them. Some of the soybeans turned out to have been grown from Monsanto’s patented Roundup Ready soybean seeds. Monsanto sued Mr. Bowman, won, and the court ordered the farmer to pay the company $84,000. Mr. Bowman appealed, arguing that he unknowingly bought soybeans grown from Monsanto’s seeds, not the seeds themselves, and that therefore the law of “patent exhaustion” applies.

The press and public have fixated on the sticky legal details of the case, and the classic David vs. Goliath nature of the fight. But win or lose, Mr. Bowman’s predicament is part of a much bigger problem.

The real issue is this: Why have we surrendered control over something so basic to human survival as seeds? Why have we bought into the biotech industry’s program, which pushes a few monoculture commodity crops, when history and science have proven that seed biodiversity is essential for growing crops capable of surviving severe climate conditions, such as drought and floods?

As physicist and environmentalist Vandana Shiva explains, we have turned seed, which is the heart of a traditional diversity-rich farming system across the world, into a powerful commodity, used to monopolize the food system. According to a recent report by the Center for Food Safety and Save our Seeds, three companies – Monsanto, DuPont and Syngenta – control 53 percent of the global commercial seed market. They have pressured farmers to replace diverse, nutritional seeds, seeds that are resilient because they’ve been bred by small-scale farmers to adapt to local climates and soil conditions, with monocultures of genetically engineered seeds. In the U.S. these crops are predominately corn and soybeans. According to the report, entitled “Seed Giants vs. U.S. Farmers,” 93 percent of soybeans and 86 percent of corn crops in the U.S. come from patented, genetically engineered seeds.

Monsanto profits handsomely from selling its patented seeds. But the real profits are in selling farmers its proprietary pesticides, like Roundup. Farmers can spray huge amounts of Roundup on Monsanto’s Roundup Ready soybeans, killing everything except the soybean plants. It’s a win-win for Monsanto. And it’s sold as a win to farmers, who have been told that by following the Monsanto method, they’ll increase their yields and make more money. Monsanto even claims that its GE crops are the answer to world hunger.

But little of what Monsanto has promised, to farmers and the world, has proven true.

Since farmers first began buying into Monsanto’s scheme in 1995, the average cost to plant one acre of soybeans has risen 325 percent, according to the Center for Food Safety’s report. Corn seed prices are up by 259 percent. Those increases don’t include the cost of the lawsuits Monsanto has aggressively filed against farmers the company claims have violated patent agreements. By the end of 2012, Center for Food Safety calculates that Monsanto had received over $23.5 million from patent infringement lawsuits against farmers and farm businesses.

And the rest of us? What have we gained from this aggressive monopoly of seeds and crops? Nothing. In fact, the losses continue to mount.

Monsanto promised that its GE crops would help the environment by reducing the need for pesticides. But according to the USDA, farmers used up to 26 percent more chemicals per acre on herbicide-resistant crops than on non-GE crops. And as several dozen aggressive “superweeds” have become resistant to glyphosate, the primary herbicide used on GE crops, the biotech industry is ramping up its war on weeds with a new generation of GE crops that can surviving spraying with 2,4 D, paraquat, and other super-toxic herbicides.

As for GE crops being necessary to feed the world, that promise has also been debunked. In 2010, the Food and Agriculture Organization of the United Nations (FAO) warned that the loss of biodiversity will have a major impact on the ability of humankind to feed itself in the future.

According to “A Global Citizens Report on the State of GMOs: Failed Promises, Failed Technologies:”

The fable that GMOs are feeding the world has already led to large-scale destruction of biodiversity and farmers’ livelihoods. It is threatening the very basis of our freedom to know what we eat and to choose what we eat. Our biodiversity and our seed freedom are in peril. Our food freedom, food democracy and food sovereignty are at stake.

It’s safe to say that the majority of the general public would love to see the small farmer from Indiana knock Monsanto down a peg. Last year, a Monsanto ally threatened to sue the state of Vermont if legislators passed a law requiring labels on all foods containing genetically modified organisms (GMOs).  Lawmakers capitulated, despite the fact that voter support was running at more than 90 percent. Later in the year, Monsanto and large food corporations spent $46 million to defeat a citizens’ initiative in California that would have required mandatory labeling of GMOs.

Monsanto may be Public Enemy Number One, but a win for Mr. Bowman is hardly a win for mankind. It’s time we ask ourselves: How long are we going to let Monsanto bully farmers and politicians into controlling the very source of life on earth? How long will we tolerate the growing monopolization and genetic engineering of seeds by an aggressive cabal of chemical and pesticide corporations who pose a deadly threat to our health, our environment and the future of our food? And when does “how long” become too late?

Katherine Paul is director of development and communications at the Organic Consumers Association.

Ronnie Cummins is founder and director of the Organic Consumers Association. Cummins is author of numerous articles and books, including “Genetically Engineered Food: A Self-Defense Guide for Consumers” (Second Revised Edition Marlowe & Company 2004).

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http://www.globalresearch.ca/gmo-and-the-corporate-patenting-of-living-organisms-monsantos-patents-on-life/5324781

KILLER SEEDS: The Devastating Impacts of Monsanto’s Genetically Modified Seeds in India

By Iqbal Ahmed

Global Research, January 12, 2012

12 January 2012

Region: Asia

Theme: Biotechnology and GMO

Monsanto’s operation in India illustrates monopolization and manipulation of the market economy, tradition, technology, and misgovernance. The world’s largest producer of genetically engineered seeds has been selling genetically modified (GM) in India for the last decade to benefit the Indian farmers – or so the company claims.

In a country of more than 550 million farmers who are largely poor and uneducated and the agriculture market rife with inefficient business practices, the Indian government sought to reform the market by eliminating subsidies and loans to the farmers.

The government reform did not help the farmers. With pressure from the World Bank and International Monetary Fund (IMF), the Indian government has “forced market liberalization on India which means the elimination of government subsidies and government-backed loans to farmers.”

Enter Monsanto with its “magic” GM seeds to transform the lives of the poor Indian farmers.

The U.S. agri-business giant took full advantage of its entry into the Indian market. It entered into an agreement with state governments including Rajasthan and Andhara Pradesh to introduce a Memorandum of Understanding (MOU) that dictated the terms of disseminating the GM technology in Indian market.

For Monsanto, it is one thing to convince farmers to use artificial seeds for the purposes of enriching their lives, it is quite another to manipulate nature and technology to profit from them.

Killer Seeds

The irony is GM seeds have not been effective in India and the consequences are not as rosy as what Monsanto had promised to deliver. Scathing reports of mass suicides of  Indian farmers broke out as recently as three years ago when scores of farmers took their own lives in order to escape the burden of high prices and failure of Monsanto’s GM seeds.

Monsanto offered its GM seeds to the farmers of India with hopes of reaping plentiful crops. Plain and mostly uneducated farmers thought Monsanto had come to provide a “magic” formula that would transform their lives. They had no idea what was coming.

Monsanto’s seeds in India did not produce what the company had promised and farmers hoped. The expensive seeds piled up debts and destroyed farming fields. In many instances, the crops simply failed to materialize. The farmers were not aware that the GM seeds required more water than the traditional seeds. And lack of rain in many parts of India exacerbated the crop failure.

With no harvest, the farmers could not pay back the lenders. Burdened with debts and humiliation, the farmers simply took their own lives, some by swallowing poisonous pesticides in front of their families. To date, an estimated 200,000 farmers have committed suicide all over India.

To add to the misery, wives inherited the debts along with the fear of losing their homes and lands. With no money coming in, they also had to pull their kids from the schools. The mass suicide among the Indian farmers is known as the “GM genocide.”

In its company website Monsanto declares that its pledge is “our commitment to how we do business.” And then there are the business philosophies with virtuous words like “integrity” and “transparency.”

Monsanto’s business practices in India quite remarkably live up to the company’s motto. It purposefully leverages its power and influence in government to penetrate farming markets with motive but without morale.

Market Power

Using its colossal market power, Monsanto craftily penetrated into the Indian markets.

Monsanto convinced the Indian government that its GM seeds would produce better crops. According to a report by Farm Wars, one former Managing Director of Monsanto claimed that Monsanto manipulated research data “to get commercial approvals for its products in India.”

Indian regulatory agencies, instead of verifying the data, simply remained compliant with the findings of what Monsanto presented. “They did not even have a test tube to validate the data and, at times, the data itself was faked,” the Farm Wars report says.

Government regulations worked in favor of Monsanto to monopolize the Indian seed market. For example, “Prime Minsiter’s Office” in India pressured various state governments to sign MOUs with Monsanto to privatize the seed market.

Through these “vested interests” with the Indian government, Monsanto eventually has monopolized the GM seed market for more than a decade.

Unable to purchase traditional seeds, the farmers had to pay a hefty price for the expensive GM seeds. Many farmers had to borrow money from the local lenders to buy Monsanto’s seeds. To cite an example of how expensive the GM seeds are, 100 grams of GM cost $15 to the farmers compared with $15 for 1000 grams of traditional seeds.

Vandana Shiva, a renowned scientist and activist in India, wrote that Monsanto had also planned to control water in India. Its aim was to control water supply through privatization. In other words, Monsanto sought to profit from water, a lifeline of Indian livelihood. By seeking control of water, Monsanto also seized the opportunity to benefit from the scarce water supply that plagues communities throughout India.

Manipulation and Misinformation

The failure of Monsanto’s GM seeds was palpable. The farmers held onto their hopes for better crops after they had planted the “magic” seeds. Their crops never came. Throughout the villages in India the harvest from the GM seeds failed. The parasites destroyed the so-called “pest-proof” GM seeds.

Monsanto uses methods of manipulation and misinformation to reap their own benefits and profits at the cost of the farmers who rely on organic methods to grow their crops and animals, a tradition that existed in India for centuries.

By a contractual clause, the farmers could not save Monsanto’s GM seeds for reuse after the first season.

Whether or not the farmers understood this legal binding would merit an examination to underscore the extent of Monsanto’s market power and conniving business practices. Misleading and forcing farmers to buy the GM seeds through government policy and market monopoly must be purged as part of reforming the Indian agricultural market.

Action Against GM seeds

Prince Charles does not like what Monsanto is doing or causing to the lives of  farmers in India. He has expressed his contempt for the “bio-tech leaders” and “politicians” who have caused suicides among Indian farmers. His charity organization promotes “long-term benefits of sustainable agriculture” that would provide “decent returns” to the farmers.

Facing pressure from the anti-GM seed activists, NGOs, and local communities, the Indian government gave in. In 2010, Indian Environment Minister issued a temporary “moratorium” on Monsanto to introduce genetically engineered egg plant seeds in India. Only time will tell how long this policy effects will last.

In a country where money, politics, and business often go hand in hand, the farmers are at the mercy of their own fate.

Iqbal Ahmed is a public policy graduate student at George Mason University, Arlington, VA. He completed a study abroad program at Oxford University, UK in summer 2011 on European Union (EU) policies. He has written for Foreign Policy Journal, Journal of Foreign Relations, Foreign Policy in Focus, Global Politician, Eurasia Review, and NPR’s “This I believe.”

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http://www.globalresearch.ca/killer-seeds-the-devastating-impacts-of-monsanto-s-genetically-modified-seeds-in-india/28629