VOLUME 5 - 2012-2013 - ISSUE 1
5 Ky. J. Equine, Agric. & Nat. Resources L. 97 (2013).
HARVESTING A LAWSUIT: CHALLENGING THE ENFORCEMENT AND VALIDITY OF MONSANTO'S TRANSGENIC SEED PATENTS
Note Written By: Kelly E. Calder
The majority of U.S. farmers use genetically modified seeds to eliminate weed growth in their crops. Approximately 90% of all genetically-modified seeds planted in the world are patented and controlled by Monsanto. Through exercise of its patent rights, Monsanto requires farmers using genetically modified seed to comply with strict requirements, and Monsanto is very active in enforcing its agreements against individuals accused of patent infringement. Individuals and organizations choosing not to use Monsanto's genetically modified seed are subject to the risk of cross-contamination between transgenic and non-transgenic seeds, and therefore, the must take precautions to avoid cross-contamination and potential Monsanto initiated patent infringement suits. Declaratory judgments and petitions for injunctive relief present potential solutions for farmers who choose not to use Monsanto's transgenic seed and wish to avoid patent infringement claims for inadvertently growing transgenic seed. Generally, this Note argues that these farmers should have standing to bring these claims.