Monsanto loses in Brazil

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Monsanto loses in Brazil

Cases of the Year 2012: Organic Seed Growers and Trade Association v Monsanto

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In April, a lawsuit brought by 5 million farmers against biotech company Monsanto was ruled valid, with Monsanto ordered to repay all royalties paid by farmers on its patented Roundup Ready soybeans since 2004. In a separate case brought by Monsanto to limit the damage, the Brazilian Superior Court in June agreed said that the judgment should apply nationwide.

Monsanto's legal director for Latin America said that "most growers appreciate the flexibility that the [royalty collection] system provides". But the farmers say they have the right to reproduce the seeds without paying royalties under Brazilian law. If the decisions stand, Monsanto could lose billions and the biotech industry as a whole could suffer.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

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