Question
Where the trials take place? We heard that in Monsantos contract its said that all lawsuits are held in St.Louis. Is that only the case for USfarmers or also for Canadian and Indian farmers for instance?
Submitted by: Lil Ha
Answer
Expert response from Community Manager
Friday, 26/06/2015 13:37
Generally speaking, Monsanto contracts do say that a lawsuit concerning the business subject matter of that contract is to be held in St. Louis, which is where Monsanto’s main business office is located. However, typically saved seed litigation takes place in the grower’s home district and money from any settlement or court decision is distributed to charities in that grower’s state or province. For example, in the Canadian TSA (Technology Stewardship Agreement) farmers agree to be governed by the laws of the Province of Manitoba and consent to jurisdiction and venue of the Court of the Queen’s Bench for that province. Just as in the U.S., the vast majority of these disputes in Canada are resolved through settlement with any funds donated to an appropriate charity for that community. It’s also interesting to note that most the saved seed complaints come from neighboring growers, who have signed the same stewardship agreements, and litigation with these farmers is a relatively rare circumstance. Lawsuits against Monsanto India have been filed within India; however, the Monsanto India legal team works closely with the legal team in St. Louis to ensure they have all the information that is needed to defend the Company against various allegations.
To date, only nine total cases have gone completely through to a trial. Monsanto has never sued a farmer when trace amounts of our patented seeds or traits were present in a farmer’s field unknowingly or as a result of inadvertent means. The topic of intellectual property is an important one. All innovative companies actively protect their intellectual property, and in rare instances, that can unfortunately require the owner of that intellectual property to take an infringer to court.
Answer
Expert response from Community Manager
Friday, 26/06/2015 13:37
Generally speaking, Monsanto contracts do say that a lawsuit concerning the business subject matter of that contract is to be held in St. Louis, which is where Monsanto’s main business office is located. However, typically saved seed litigation takes place in the grower’s home district and money from any settlement or court decision is distributed to charities in that grower’s state or province. For example, in the Canadian TSA (Technology Stewardship Agreement) farmers agree to be governed by the laws of the Province of Manitoba and consent to jurisdiction and venue of the Court of the Queen’s Bench for that province. Just as in the U.S., the vast majority of these disputes in Canada are resolved through settlement with any funds donated to an appropriate charity for that community. It’s also interesting to note that most the saved seed complaints come from neighboring growers, who have signed the same stewardship agreements, and litigation with these farmers is a relatively rare circumstance. Lawsuits against Monsanto India have been filed within India; however, the Monsanto India legal team works closely with the legal team in St. Louis to ensure they have all the information that is needed to defend the Company against various allegations.
To date, only nine total cases have gone completely through to a trial. Monsanto has never sued a farmer when trace amounts of our patented seeds or traits were present in a farmer’s field unknowingly or as a result of inadvertent means. The topic of intellectual property is an important one. All innovative companies actively protect their intellectual property, and in rare instances, that can unfortunately require the owner of that intellectual property to take an infringer to court.