Flagship issues in intellectual property in agriculture Law studies

This work brings together texts that address complex and dense aspects in the field of intellectual property in agriculture. Specifically, it presents studies and analyses regarding the Class Action filed by the Unions of soybean growers in Brazil against Monsanto do Brasil Ltda and Monsanto CO. The discussion is about the genetic manipulation of Soya promoted by Monsanto, which created the transgenic seed "Round-up Ready Soya", popularly known as "RR Soya", capable of generating seedlings resistant to herbicides formulated based on Glyphosate, providing significant production gain. In order to obtain patent protection for the seed breeding process, Monsanto has established a system of charges based on royalties, technology fees and indemnities for the use of the seeds. The Unions and the authors of this book believe that the issue should be analysed under the Cultivars Law, not the Patents Law. Thus, they would be allowed, regardless of the payment of any fee to the technology holder, to reserve seeds for replanting, to sell products as food and, as for small rural producers, to multiply seeds.