Post by xyz3500 on Feb 22, 2024 2:29:10 GMT -5
Intellectual property over transgenic soy developed by a specific laboratory must be judged based on the Patent Law (Law 9,279/96), and not the Cultivar Law (Law 9,456/97). With this understanding, the 2nd Section of the Superior Court of Justice established a thesis and ruled in favor of Monsanto in a billion-dollar lawsuit. reproduction 2nd Panel of the STJ establishes thesis on royalties from transgenic soybeans Reproduction The panel judged an action in which Monsanto, an agriculture and biotechnology company controlled by Bayer, defended the collection of royalties from rural producers who purchase transgenic soybean seeds developed by it. This discussion, according to the process, involves around R$15 billion.
The thesis established was: "the limitations on intellectual property rights contained in article 10 of Law 9,456/97 — applicable only to holders of Cultivar Protection Certificates — are not enforceable against holders of product and/or process patents related to transgenics whose technology is present in the reproductive material of plant varieties". The understanding of the Israel Mobile Number List rapporteur, minister Nancy Andrighi, prevailed. She stated in her vote that the concept of cultivars and transgenic microorganisms are different. The cultivars, she added, undergo human intervention to achieve genetic improvement. GMOs have characteristics that are not achievable under natural conditions. "The Industrial Property Law does not allow parts of living beings found in nature to be patented.
There is an exception, however, said the minister, for transgenics that meet requirements such as novelty and industrial application — the case in question," he said . According to the minister, allowing farmers the right to reserve the product for replanting and subsequent commercialization amounts to emptying the normative content, "which would be unacceptable from a legal point of view". For the minister, rural producers are not obliged to buy transgenic soybean seed. "They can opt, for example, for the conventional one. If they chose the specific variety, it is because it seemed economically advantageous to them and, therefore, they must bear the costs", she pointed out. Case The discussion deals specifically with the transgenic “Round-up Ready” soybean seed, popularly known as “RR Soya”, capable of generating seedlings resistant to herbicides and providing significant production gains.
The thesis established was: "the limitations on intellectual property rights contained in article 10 of Law 9,456/97 — applicable only to holders of Cultivar Protection Certificates — are not enforceable against holders of product and/or process patents related to transgenics whose technology is present in the reproductive material of plant varieties". The understanding of the Israel Mobile Number List rapporteur, minister Nancy Andrighi, prevailed. She stated in her vote that the concept of cultivars and transgenic microorganisms are different. The cultivars, she added, undergo human intervention to achieve genetic improvement. GMOs have characteristics that are not achievable under natural conditions. "The Industrial Property Law does not allow parts of living beings found in nature to be patented.
There is an exception, however, said the minister, for transgenics that meet requirements such as novelty and industrial application — the case in question," he said . According to the minister, allowing farmers the right to reserve the product for replanting and subsequent commercialization amounts to emptying the normative content, "which would be unacceptable from a legal point of view". For the minister, rural producers are not obliged to buy transgenic soybean seed. "They can opt, for example, for the conventional one. If they chose the specific variety, it is because it seemed economically advantageous to them and, therefore, they must bear the costs", she pointed out. Case The discussion deals specifically with the transgenic “Round-up Ready” soybean seed, popularly known as “RR Soya”, capable of generating seedlings resistant to herbicides and providing significant production gains.