Seeds of Doubt
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When he planted this patented seed, he made copies of it... Hans Sauer, deputy general counsel at BIO, says many biotech products are a lot like seeds. "They are easily replicated. They are difficult to make, but once created they are relatively easy to reproduce." The same is true of computer software. But these are new technologies. Farmers' seeds are old; they're the original self-replicating technology, and for centuries, nobody tried to claim them as intellectual property... Yet all of these varieties are patented... Twenty years ago, that wasn't the case. Many seed dealers sold "public" varieties that came from breeders at universities like Iowa State or Purdue. Today, most new varieties come from private companies, and even universities acquire patents on most of the varieties that they do release. Farmers aren't supposed to save and replant those seeds, either.
- Farmer's Fight With Monsanto Reaches The Supreme Court (2013) So what’s my obsession with seeds, already? Well, they are clearly an insidious part of the agro/military/industrial complex. No, I’m only kidding. (Am I?) Anyway, as a reformed, formerly practicing gardener, I knew that companies develop seeds that are somehow improved: more resistant to diseases or can be harvested sooner than nature intended, etc. (Yes, I am talking about genetically modified organisms- “GMOs”) And if I had given it any thought, I would have realized that these companies had patented their specific seeds. And, working in a lab, I have a good idea of the investment that might be required to develop products, so the fact that a company is vigilant about monitoring the use of their patented seeds makes sense. What does not make sense to me is that a farmer cannot save seeds from this year’s crop and replant them, and be protected by the doctrine of patent exhaustion. That seems akin to not being able to sell a used paperback on Ebay. True, there are differences in the two examples. Maybe it would be more like photocopying the pages of a paperback and trying to sell it? I’m not sure. Anyway, the Supreme Court in Bowman v. Monsanto ruled in favor of the seed patentee, Monsanto. Nowadays, apparently, seeds are terribly expensive, and farming, as it has always been, is still subject to drought, floods and many other forms of natural bad luck. It’s amazing that anyone still wants to “bet the farm” on farming as a career. Of course, if farmers don’t want to pay for patents, they could go back to using wildtype seeds. But that strategy would be dependent on a few factors: whether they can successfully compete using non-patented seeds, whether there are any available for them to acquire, and, as we radically change the chemical and biological makeup of our ecosystems, whether formerly indigenous plants can still thrive in their native lands.
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