Monsanto has the right to charge royalties over GM soybeans in Brazil

The Justice Tribunal of the State of Rio Grande do Sul, Brazil, decided this week that Monsanto has the right to charge royalties from farmers that use its GM soybeans. The Fifth Civil Chamber reverts a decision of the first instance and maintains the charge of 2% of the production - but the judicial battle is far away from an end.

 

The decision of the Justice Tribunal exempts Monsanto of paying a reimbursement of R$ 15 billion for farmers that paid for the use of the GMO seeds. The challenger of the company, the Federation of Agriculture Workers of Rio Grande do Sul announced that it will appeal in the court (the decision was not unanimous) and yet will appeal to the Superior Court of Justice.

 

The case referendary, judge Maria Cláudia Mércio Cachapuz, deemed that Monsanto has the right to receive royalties, including over offspring plants and the produced soybeans. Farmers argue that the company is already paid when the technology is licensed to it.

 

Only judge Jorge Luiz do Canto voted against the majority sustaining that property rights are not more important than "the social protection of small producers". The lawyer of Federation of Agriculture Workers, Jane Berwanger, said that "Monsanto acts like a state, charging unduly exorbitant values. Which country in the world charges over the yields?"