---
title: "Genetically modified food controversies"
chunk: 17/21
source: "https://en.wikipedia.org/wiki/Genetically_modified_food_controversies"
category: "reference"
tags: "science, encyclopedia"
date_saved: "2026-05-05T04:17:47.717639+00:00"
instance: "kb-cron"
---

=== Intellectual property ===
Traditionally, farmers in all nations saved their own seed from year to year. However, since the early 1900s hybrid crops have been widely used in the developed world and seeds to grow these crops are purchased each year from seed producers. The offspring of the hybrid corn, while still viable, lose hybrid vigor (the beneficial traits of the parents). This benefit of first-generation hybrid seeds is the primary reason for not planting second-generation seed. However, for non-hybrid GM crops, such as GM soybeans, seed companies use intellectual property law and tangible property common law, each expressed in contracts, to prevent farmers from planting saved seed. For example, Monsanto's typical bailment license (covering transfer of the seeds themselves) forbids saving seeds, and also requires purchasers to sign a separate patent license agreement.
Corporations say that they need to prevent seed piracy, to fulfill financial obligations to shareholders, and to finance further development. DuPont spent approximately half its $2 billion research and development (R&D) budget on agriculture in 2011 while Monsanto spends 9–10% of sales on R&D.
Detractors such as Greenpeace say that patent rights give corporations excessive control over agriculture. The Center for Ecoliteracy claimed that "patenting seeds gives companies excessive power over something that is vital for everyone". A 2000 report stated, "If the rights to these tools are strongly and universally enforced - and not extensively licensed or provided pro bono in the developing world – then the potential applications of GM technologies described previously are unlikely to benefit the less developed nations of the world for a long time" (i.e. until after the restrictions expire).
Monsanto has patented its seed and it obligates farmers who choose to buy its seeds to sign a license agreement, obligating them store or sell, but not plant, all the crops that they grow.
Besides large agri-businesses, in some instances, GM crops are also provided by science departments or research organisations which have no commercial interests.

==== Lawsuits filed against farmers for patent infringement ====
Monsanto has filed patent infringement suits against 145 farmers, but proceeded to trial with only 11. In some of the latter, the defendants claimed unintentional contamination by gene flow, but Monsanto won every case. Monsanto Canada's Director of Public Affairs stated, "It is not, nor has it ever been Monsanto Canada's policy to enforce its patent on Roundup Ready crops when they are present on a farmer's field by accident ... Only when there has been a knowing and deliberate violation of its patent rights will Monsanto act." In 2009 Monsanto announced that after its soybean patent expires in 2014, it will no longer prohibit farmers from planting soybean seeds that they grow.
One example of such litigation is the Monsanto v. Schmeiser case.  This case is widely misunderstood. In 1997, Percy Schmeiser, a canola breeder and grower in Bruno, Saskatchewan, discovered that one of his fields had canola that was resistant to Roundup. He had not purchased this seed, which had blown onto his land from neighboring fields. He later harvested the area and saved the crop in the back of a pickup truck. Before the 1998 planting, Monsanto representatives informed Schmeiser that using this crop for seed would infringe the patent, and offered him a license, which Schmeiser refused. According to the Canadian Supreme Court, after this conversation "Schmeiser nevertheless took the harvest he had saved in the pick-up truck to a seed treatment plant and had it treated for use as seed. Once treated, it could be put to no other use. Mr. Schmeiser planted the treated seed in nine fields, covering approximately 1,000 acres in all ... A series of independent tests by different experts confirmed that the canola Mr. Schmeiser planted and grew in 1998 was 95 to 98 percent Roundup resistant." After further negotiations between Schmeiser and Monsanto broke down, Monsanto sued Schmeiser for patent infringement and prevailed in the initial case. Schmeiser appealed and lost, and appealed again to the Canadian Supreme Court, which in 2004 ruled 5 to 4 in Monsanto's favor, stating that "it is clear on the findings of the trial judge that the appellants saved, planted, harvested and sold the crop from plants containing the gene and plant cell patented by Monsanto".

=== International trade ===
GM crops have been the source of international trade disputes and tensions within food-exporting nations over whether introduction of genetically modified crops would endanger exports to other countries.
In Canada in 2010, flax exports to Europe were rejected when traces of an experimental GM flax were found in shipments. This led a member of Parliament to propose Private Member's Bill C-474, which would have required that "an analysis of potential harm to export markets be conducted before the sale of any new genetically engineered seed is permitted". Opponents claimed that "incorporating stringent socio-economic standards into the science-based regulatory system could spell the end of private research funding; because if private biotechnology companies can't see the possibility of a return on their investment, they'll invest their research budget elsewhere". The bill was defeated 176 to 97 in 2011.

== Regulation ==

=== Labeling ===