Charles W. Elliott
It’s All About the Patents. And Control. And Money.
“Seeds are the most basic thing that we got. Everybody has to eat. We want to have a healthy planet with healthy people, we have to have good seeds.” – Seed Farmer, Dan Jason
For more than 10,000 years, humans have engaged in the simple free act of saving natural seeds from a season’s crop and replanting them in the next season. The primeval cycle of planting crops, saving seeds and replanting them in the next season is the practice of agriculture itself. But we are now witnessing the passing away, in a single generation, “this ancient ritual as old as civilization, a ritual in many ways responsible for civilization.” [1] This is due to the use of genetically engineered plants, protected by patents and contracts, which make saving seed and replanting them in the next season illegal. The replacement of nature’s bounty with increased sale of genetically engineered crops under such restrictions leads inexorably to expanded corporate control of our food supply. This problem is exacerbated by the loss of crop diversity and increasing market concentration in the seed business.
Seeds and Patents
A patent is the exclusive right, granted by law, to commercialize a new invention for a limited period of time. Thus, patent law confers upon the patent holder a monopoly on the “exploitation” of the invention. Thanks to U.S. Supreme Court decisions that recognized the right to patent life forms[2], crop seeds and other agricultural products produced from genetic engineering are subject to patent rights.
In the context of crop seeds, this monopoly grants companies the exclusive right to sell the seeds and allows them to charge higher prices for them. As applied in most countries, such seed patents prohibit farmers from saving seeds from their own harvest. As a result, they must either buy new seeds each year or pay for a license to use the patented seeds they have saved. [3]
For non-hybrid crops that employ transgenetic biotechnology, agribusiness and seed companies use intellectual property law, tangible property common law, and strict contracts to prohibit farmers from saving seed. For example, when Monsanto sells seeds for its genetically modified crops, it requires that farmers agree to severe restrictions before they can open a bag of its GMO seed. Monsanto’s typical so-called “Technology/ Stewardship” license: (1) prohibits growers from using seeds for any purpose other than planting a single commercial crop; (2) prohibits growers from saving any crop produced from seed for planting; (3) prohibits supplying seed produced from seed to anyone for planting other than to a Monsanto-licensed seed company; and (4) prohibits transferring any seed containing patented “Monsanto Technologies” to any other person or entity for planting. The agreement also requires that the grower allow intrusive investigation of the growers’ records, including examination and copying of “any records and receipts that could be relevant to Grower’s performance of this agreement.”[4]
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