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Thread: Monsanto Losing Grounds

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    Default Re: Monsanto Losing Grounds

    Monsanto's stranglehold on seeds in India: Legal battle over GM cotton rules biotech plant varieties and seeds cannot be patented

    Lorraine Chow EcoWatch
    Wed, 11 Apr 2018 22:13 UTC


    Cotton Harvest

    Could Monsanto's six-decade presence in India be coming to a halt?

    On Wednesday, the Delhi High Court ruled that the biotech giant cannot claim patents for Bollgard and Bollgard II, its genetically modified cotton seeds, in the country.

    Citing India's Patents Act of 1970, the court said that plant varieties and seeds cannot be patented, thereby rejecting Monsanto's attempt to block its Indian licensee, Nuziveedu Seeds Ltd., from selling the seeds.

    "What it means is effectively Monsanto has no patent on seeds in India and they have never had it. They have tried to hoodwink the seed companies and farmers for years claiming they have a patent and making huge amounts of money from that," Diya Kapur, a lawyer for Nuziveedu Seeds, told Bloomberg.

    As Dilsher Dhillon wrote in Business Insider India, Wednesday's verdict could prompt Monsanto to pull out of the country:
    With the latest ruling, Monsanto's claims against Nuziveedu for unpaid royalties have been waived because its patents are invalid. It will now have to settle for the rates decided by the government.

    This is a significant blow for Monsanto, the world's largest seed producer, as it currently licenses its seeds to nearly 50 domestic companies through its local joint venture with Mahyco Seeds Ltd. It could, in all probability, lead to the company's complete exit from India.
    Monsanto had already threatened to stop business in India after the government imposed price controls on cotton seeds in 2016.
    Monsanto first introduced its GM-technology in India in 1995. Today, more than 90 percent of the country's cotton crop is genetically modified. These crops have been inserted with a pest-resistant toxin called Bacillus thuringiensis, or Bt.

    Business Insider's Dhillon noted that the ruling has significant implications for Monsanto and farmers alike:
    While yields have increased significantly, Monsanto has long been accused of overcharging farmers for its seeds, especially given the fact that their ability to resist pests diminishes with time. The high cost of seeds and royalties left thousands of farmers in a vicious cycle of debt, which inevitably led to many suicides when crops failed. As a result, the government was forced to start regulating Bt cotton prices in 2006.
    Hence, the Delhi High Court's ruling can be seen as a moral reckoning on Monsanto. But it also has wider implications. Yes, it will reduce prices for farmers, given that seed licensing companies pass on the royalty costs to them, but it could prove to be the death knell for innovation in the agriculture sector-something that will hurt farmers in the long run.

    However, the company's presence in India may ultimately be decided by its pending mega-merger with Bayer AG.

    "Bayer is generally seen as a company with a more collaborative approach towards governments. If Bayer sits down at the negotiating table with the Indian government and works out a solution, then it's possible that the next generation of Bt cotton technology may still see the light of day in India at some point in the future, although it may take years," Abhijit R. Akella, vice president at IIFL Institutional Equities, told Mint.

    A Monsanto India spokesman said the company was "very disappointed" with the court's ruling.

    "Today's order will have wide-ranging, negative implications for biotech-based innovation across many sectors within India, and is inconsistent with other international markets where agricultural innovation has flourished," the spokesman said.

    Monsanto said it might challenge the decision in India's Supreme Court.
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    Default Re: Monsanto Losing Grounds

    "Today's order will have wide-ranging, negative implications for bio-tech based innovation across many sectors within India...

    Good. India called out Bill Gates on his *hit, and his shares of Monsanto stock will suffer here, too. Negative implications for Monsanto; better health for India.

    "...and is inconsistent with other international markets where agricultural innovation(corruption) has flourished," says this Monsanto the Monster spokesman.

    Change happens. Now Monsanto-Bayer can expect the tides to turn, and other countries will be consistent with these types of rulings.

    We voted to ban GMO farming right here in our county. Monsanto tried to come into our courts to overrule the voice of the people. They lost.

    Bayer is not going to pull the wool over our already opened eyes, Monsanto. Get used to it.

    Changing the names of their drugs and companies is a long-held strategy of their deceptive practices.
    (Nice try...doesn't fly!)

    Yeah!!! Good for India. Let's follow her example.

    I love victory stories like this. Thanks, Herve!

    MM
    Last edited by Michelle Marie; 15th April 2018 at 18:21.
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    Default Re: Monsanto Losing Grounds

    Monsanto laments it cannot patent life: India's top court upholds decision that seeds cannot be patented

    Lorraine Chow EcoWatch
    Mon, 07 May 2018 19:48 UTC


    Bt cotton. © Abhishek Srivastava

    In an another legal blow to Monsanto, India's Supreme Court on Monday refused to stay the Delhi High Court's ruling that the seed giant cannot claim patents for Bollgard and Bollgard II, its genetically modified cotton seeds, in the country.

    Monsanto's chief technology officer Robert Fraley, who just announced that he and other top executives are stepping down from the company after Bayer AG's multi-billion dollar takeover closes, lamented the news.

    Fraley tweeted,
    "Having personally helped to launch Bollgard cotton in India & knowing how it has benefited farmers ... it's sad to see the country go down an anti-science/anti-IP/anti-innovation path..."
    Monsanto first introduced its GM-technology in India in 1995. Today, more than 90 percent of the country's cotton crop is genetically modified. These crops have been inserted with a pest-resistant toxin called Bacillus thuringiensis, or Bt.

    Citing India's Patents Act of 1970, the Delhi High Court ruled last month that plant varieties and seeds cannot be patented, thereby rejecting Monsanto's attempt to block its Indian licensee, Nuziveedu Seeds Ltd., from selling the seeds.

    Because of the ruling, Monsanto's claims against Nuziveedu for unpaid royalties have been waived, as its patents are now invalid under Indian law. Royalties will now be decided by the government.

    Indian environmentalist Vandana Shiva, who is known for her fierce activism against corporate patents on seeds, called the top court's move a "major victory" that opens the door " to make Monsanto pay for trapping farmers in debt by extracting illegal royalties on BT cotton."

    She also said in a video Monday in front of the Supreme Court,
    "Our sovereignty is protected, our laws are protected. Our ability to write laws in the public interest [and] for the rights of farmers through the constitution are protected."
    "The Earth will win. Seed will win. Monsanto will lose," Shiva added.

    A Monsanto India spokesman told Reuters the case will be submitted for an expedited preliminary hearing on July 18.

    "We remain confident on the merits of the case. India has been issuing patents on man-made biotech products for more than 15 years, as is done widely across the globe," the spokesman said.

    Quote
    EcoWatch‏ @EcoWatch

    Report: Monsanto May Leave India After Losing GMO Cotton Patent https://www.ecowatch.com/monsanto-india-cotton-gmo-2559650068.html … #Monsanto @GMWatch @OrganicConsumer @regeneration_in @careygillam

    10:26 AM - 13 Apr 2018
    4 replies 51 retweets 80 likes
    SOTT Comment: Read the following articles by Vandana Shiva about the corporate monopoly of seeds and the lies biotech corporations peddle to ultimately patent and control life:
    The seed, the source of life, the embodiment of our biological and cultural diversity, the link between the past and the future of evolution, the common property of past, present and future generations of farming communities who have been seed breeders, is today being stolen from the farmers and being sold back to us as "propriety seed" owned by corporations like the US-headquartered Monsanto.
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    Default Re: Monsanto Losing Grounds

    Hmm. They blocked the patent. But Nuziveedu will sell the seeds in Monsanto's place. A good first step but I hope they can keep walking away from the product itself.
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    Default Re: Monsanto Losing Grounds

    Breakthrough in explosive lawsuit against Monsanto
    by Jon Rappoport
    May 23, 2018
    https://jonrappoport.wordpress.com/2...inst-monsanto/
    Quote A San Francisco lawsuit against Monsanto and its weedkiller, Roundup, is moving forward. And it’s just received a new green light from the judge in the case.

    Monsanto’s lawyers are bracing for a deep level of attack, which they were hoping to avoid. The judge has ruled the jury can hear testimony on this issue: Monsanto suppressed evidence that Roundup causes cancer.

    Reporter Carey Gillam has the story (The Guardian, 5/22): “At the age of 46, DeWayne Johnson is not ready to die. But with cancer spread through most of his body, doctors say he probably has just months to live. Now Johnson, a husband and father of three in California, hopes to survive long enough to make Monsanto take the blame for his fate.”

    “On 18 June, Johnson will become the first person to take the global seed and chemical company to trial on allegations that it has spent decades hiding the cancer-causing dangers of its popular Roundup herbicide products – and his case has just received a major boost.”

    “Last week Judge Curtis Karnow issued an order clearing the way for jurors to consider not just scientific evidence related to what caused Johnson’s cancer, but allegations that Monsanto suppressed evidence of the risks of its weed killing products. Karnow ruled that the trial will proceed and a jury would be allowed to consider possible punitive damages.”

    “’The internal correspondence noted by Johnson could support a jury finding that Monsanto has long been aware of the risk that its glyphosate-based herbicides are carcinogenic … but has continuously sought to influence the scientific literature to prevent its internal concerns from reaching the public sphere and to bolster its defenses in products liability actions’, [Judge] Karnow wrote.” [Yes, the Judge in the case wrote that statement.]

    “Johnson’s case, filed in San Francisco county superior court in California, is at the forefront of a legal fight against Monsanto. Some 4,000 plaintiffs have sued Monsanto alleging exposure to Roundup caused them, or their loved ones, to develop non-Hodgkin lymphoma (NHL). Another case is scheduled for trial in October, in Monsanto’s home town of St Louis, Missouri.”

    “How the Johnson lawsuit plays out could be a bellwether for how other plaintiffs proceed. If Johnson prevails, there could be many more years of costly litigation and hefty damage claims. If Monsanto successfully turns back the challenge, it could derail other cases and lift pressure on the firm.”

    “According to the court record, Johnson had a job as a groundskeeper for the Benicia unified school district where he applied numerous treatments of Monsanto’s herbicides to school properties from 2012 until at least late 2015. He was healthy and active before he got the cancer diagnosis in August 2014. In a January deposition, Johnson’s treating physician testified that more than 80% of his body was covered by lesions, and that he probably had but a few months to live.”

    How will Monsanto proceed? First, they’ll argue that Johnson’s cancer could have been caused by other factors. They’ll throw the kitchen sink at the jury. It could have been genetics. It could have been lifestyle. It could have been causes that are still unknown to researchers. It could have been starlight from a galaxy far, far away. Monsanto’s lawyers will try to bury the jury in reams of supposition.

    Second, they’ll show the jury an EPA (Environmental Protection Agency) finding that Roundup does not cause cancer. Like the FDA, the EPA has sided with major corporations in efforts to protect them. Monsanto will claim: “The federal government has asserted Roundup is safe, and that’s the end of our responsibility. The federal government is the final arbiter.” Which is to say: the truth isn’t the final arbiter.

    Third, Monsanto will execute a series of acrobatic moves to prove they never suppressed evidence that Roundup causes cancer. They were simply “considering all relevant safety issues.” They were “posing various scenarios.” Their internal memos were “temporary work product” on the way to making a final judgment about Roundup’s safety. They were raising valid concerns about flawed studies that claimed Roundup was dangerous.

    If all else fails, Monsanto might try to settle with Johnson—and then claim the $$ payout was simply a way to show compassion for his unfortunate condition—and move on—continuing to offer the public a fine and safe product (Roundup). No guilt admitted.

    In the extreme—and I need to raise this question—might Monsanto, behind the scenes, secretly and illegally offer Johnson’s lawyer and his client a very large sum to present a weak case in court and let Monsanto win the case?

    You decide.

    If Monsanto has intentionally hidden the dire effects of Roundup for decades, while people have gotten sick and died, what wouldn’t they do?

    Among the myriad scandals and crimes of Monsanto, here is one that sheds light on the mindset of the company. Axisoflogic.com reports (3/22/12): “In 2001, 3,600 inhabitants of the city of Anniston, Alabama, attacked Monsanto for PCB [a chlorine chemical] contamination. According to a report, declassified by the U.S. Agency of Environmental Protection (EPA), Monsanto for almost forty years dumped thousands of tons of contaminated waste in a stream and an open garbage dump in the heart of a black neighborhood in the city.”

    “The way The Washington Post reported the story is instructive: ‘Monsanto documents — many emblazoned with warnings such as ‘CONFIDENTIAL: Read and Destroy’ — show that for decades, the corporate giant concealed what it did and what it knew. In 1966, Monsanto managers discovered that fish submerged in that creek turned belly-up within 10 seconds, spurting blood and shedding skin as if dunked into boiling water. They told no one.”

    “Monsanto was finally convicted in 2002 of having polluted ‘the territory of Anniston and the blood of its people with the PCB’. The firm was ordered to pay $ 700 million in damages and to guarantee the cleaning-up of the city. No legal action was brought against the company officials.”

    [From Hervé: I had already posted the above in the "Monsanto And Its Lethally Toxic Trails" thread where it is more fitting]
    Last edited by Hervé; 26th May 2018 at 01:39.
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    Default Re: Monsanto Losing Grounds

    Quote Posted by onawah (here)
    Breakthrough in explosive lawsuit against Monsanto
    by Jon Rappoport
    May 23, 2018
    https://jonrappoport.wordpress.com/2...inst-monsanto/
    Quote A San Francisco lawsuit against Monsanto and its weedkiller, Roundup, is moving forward. And it’s just received a new green light from the judge in the case.
    ...
    The jury just found for groundskeeper Dewayne Johnson in this case, fining Monsanto $289 million in damages, as reported on this new thread: Monsanto was Just Fined $289 Million by San Francisco Jury for Failing to Warn of Known Cancer Risk.
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