Monsanto wins billionaire suit in Brazil. But farmers’ fight continues

The Brazilian Superior Court of Justice has ruled in favor of global agribusiness conglomerate Monsanto in a landmark class-action lawsuit filed by Brazilian farmers’ unions.

On October 9, a panel of nine justices unanimously decided that farmers cannot save seeds for replanting if the seeds are harvested from Monsanto’s patented Roundup Ready soybeans—genetically engineered to withstand the direct application of the company’s Roundup herbicide.

The Brazilian ruling aligns with similar decisions in the U.S. and Canada. Courts in all three countries determined that, as a product of genetic engineering, Roundup Ready soybeans are protected by domestic patent law.

In a public statement, Monsanto—which was acquired by Bayer in 2018—said the decision will strengthen “agricultural innovation in Brazil.”

How strict patenting of seeds affects innovation, however, is a matter of debate. And the lawsuits challenging Monsanto’s aggressive pursuit of its patent rights raise a vexed legal issue: when intellectual property laws protecting companies conflict with the rights of farmers to plant their fields, who should win?

Monsanto “owns everything”

The Brazilian lawsuit is a sign of growing uneasiness with the control Monsanto has over farmers, shown by my research on biotechnology and seeds.

Founded as a chemical manufacturer in 1901, Monsanto has invested heavily in agricultural biotechnology to become the world’s largest seller of seeds. Its biotech seeds have proved attractive to farmers because they simplify farm management. Monsanto says its genetically...