Monsanto, Co.has announced its plans to file an appeal of a recent ruling over a patent correction covering its Ready Roundup soybean product, RR1. The ruling was made by a judge of the Brazilian Superior Court of Justice.

In a press release issued in late February, the company announced its consent to relinquish two years of fees for Roundup Ready soybeans for Brazilian farmers “who forgo legal claims in a patent dispute.”  According to a Farm Futures article, Todd Rands, Monsanto Legal Director for Latin America, state that “We plan to file an immediate appeal with the Superior Court of Justice and look forward ultimately to presenting our case to the Supreme Court of Brazil at a later date.”

In addition, a Bloombergarticle reported that Monsanto’s appeal was denied by the court to extend a patent for RR1, the company’s genetically modified soybean, that expired in 2010.  The Bloomberg article also reported that Monsanto would suspend RR1 royalties until the case is resolved. 

Merco Press reported, “Monsanto has previously obtained patent protection in Brazil for its first-generation Roundup Ready soybean products.”  “In accordance with Brazilian law, Monsanto has sought to correct the term of its patent rights in Brazil to conform to the 2014 patent term granted in the United States.”

Farm Futures stated that Monsanto will continue into the next step of the appeals process “to secure its intellectual property rights and ensure its business is not disrupted in the country.”

The Monsantopress release stated the company “remains committed to ongoing dialogue with farmers and their representative groups in order to pave the way for innovation in agriculture, as this is one of the critical paths towards delivering value to Brazil’s farmers and its economy and meeting the demands of our growing planet.”

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