OSGATA joins 60 family farmers, seed businesses and organic agricultural organizations represented by the Public Patent Foundation (PUBPAT) in filing a lawsuit against Monsanto on March 29, 2011. This preemptive seeks ruling that would prohibit Monsanto from suing organic, as well as other non-transgenic, farmers and seed growers if their seed were contaminated by Monsanto’s trademark Roundup Ready seed.
The case, Organic Seed Growers and Trade Association et al. v. Monsanto, was filed in federal district court in Manhattan, NY, and assigned to Judge Naomi Buchwald.
“This case asks whether Monsanto has the right to sue organic farmers for patent infringement if Monsanto’s transgenic seed should land on their property,” said Dan Ravicher, PUBPAT’s Executive Director and Lecturer of Law at Benjamin N. Cardozo School of Law in New York. “It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement, but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement, so we had to act to protect the interests of our clients.”