The Journal of Peasant Studies · 2020 · 24 citations · 30 references
LawIntellectual Property LawPrivate LawAgricultural PolicyIntellectual PropertyPatent LawCommercialization Of Transgenic CropsComparative Intellectual Property LawIntellectual Property PolicyIntellectual Property ProtectionIntellectual Property RightsTrade-related Intellectual Property RightsAgrarian SystemsGovernance Of BiotechnologyIntellectual Property Rights ManagementLegal Decision-making DisputesLimitations To Intellectual Property RightsPatent Rights Over Genetic ResourcesPublic AttentionRoyalty Collection Processes
This article analyzes legal disputes involving Monsanto's patents and royalties for Roundup Ready soybeans, Bt cotton and Bt eggplant in two important GM-crop producing countries. It argues that Monsanto implemented private royalty collection systems adapted to the specificities of crops and agrarian conditions in Brazil and India. The corporation thus enjoyed in practice the same extraordinary degree of IP rights in these countries as in the United States irrespective of significant differences between patent and plant variety laws of both countries and the US. NGOs and farmers' movements played a key role in drawing public attention to these issues while challenging the legality of the patents and royalty collection systems.
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