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Monsanto Brazil RR patent appeal set

Monsanto has appealed against last month’s Brazilian High Court of Justice, the STJ, ruling that its Brazilian patent of its genetically modified glyphosate-tolerant Roundup Ready soybeans had expired. The company has filed the appeal at the same court, and it will be heard this month. Four magistrates at the STJ unanimously recognised earlier judgements that Monsanto’s patent had expired (Agrow No 664, p 17). Monsanto has also filed for appeal to the Supreme Court and notes that even any decision this month at the STJ will not therefore be definitive. The company had requested a “term correction” to its patent until 2014 (Agrow No 659, p 2). It says that in similar cases, Brazilian courts have “corrected other patent terms on Roundup Ready soybeans”. Monsanto will continue to collect payments while the processes remain unfinished.

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