In April this year, a judge in the southern Brazilian state of Rio Grande do Sul, ruled in favor of the farmers and ordered Monsanto to return royalties paid since 2004 or a minimum of $2 billion. The ruling said that the business practices of seed multinational Monsanto violate the rules of the Brazilian Cultivars Act (No. 9.456/97). Monsanto has appealed against the order and a federal court ruling on the case is now expected by 2014.
About 85% of Brazil’s massive soyabean crop output is produced from genetically engineered seeds. Brazil exports about $24.1 billion worth of soyabeans annually, more than a quarter of its total agri-exports.
Farmers say that they are using seeds produced many generations after the initial crops from the genetically modified Monsanto seeds were grown. Farmers claim that Monsanto unfairly collects exorbitant profits every year worldwide on royalties from “renewal” seed harvests. Renewal crops are those that have been planted using seed from the previous year’s harvest. Monsanto disagrees, demanding royalties from any crop generation produced from its genetically-engineered seed. Because the engineered seed is patented, Monsanto not only charges an initial royalty on the sale of the crop produced, but a continuing two per cent royalty on every subsequent crop, even if the farmer is using a later generation of seed.
The first transgenic soy seeds were illegally smuggled into Brazil from neighboring Argentina in 1998 and their use was banned and subject to prosecution until the last decade, according to the state-owned Brazilian Enterprise for Agricultural Research (EMBRAPA).The ban has since been lifted and now 85 percent of the country’s soybean crop (25 million hectares or 62 million acres) is genetically modified, Alexandre Cattelan, an EMBRAPA researcher told Merco Press. Brazil is the world’s second largest producer and exporter of soyabean. China is one of its biggest buyers.
“Monsanto gets paid when it sell the seeds. The law gives producers the right to multiply the seeds they buy and nowhere in the world is there a requirement to pay (again). Producers are in effect paying a private tax on production,” Jane Berwanger, lawyer for the farmers told the media agencies.