The Monsanto patent challenged by Greenpeace

Thomas Schweiger, Greenpeace European Unit - April 1999

Monsanto's genetically engineered crop "Roundup Ready Soya" (RRS), which is tolerant to Monsanto's own chemical herbicide "Roundup", is controversial in its own right.

In addition, the patent granted by the EPO in 1996 (EP 0546 090) covers not only the soy but also other living materials that Monsanto wants to make Roundup-tolerant - "Claim 33: … the crop plant is selected from corn, wheat, rice, cotton, sugarbeet, oilseed rape, canola, flax, sunflower, potato, tobacco, tomato, alfalfa, poplar, pine, apple and grape". The wording of the patent and the consequent licence agreements mean that Monsanto is in a position to control the complete production process - the breeding, sowing, harvesting and marketing of the plant and its products. The aim is to gain monopoly control over all soy-production in Europe.

If this patent is revoked and Monsanto cannot gain monopoly control over its Roundup-ready crops in Europe, it will be discouraged from growing these potentially damaging crops in this part of the world.

The patent has been challenged by Greenpeace and separate challenges have been filed by a number of farmers' organisations and NGOs from around Europe. It is currently unclear when a ruling can be expected.