A Federal judge in the United States has ruled in favour of agchem giant Monsanto following a ‘preemptive’ challenge against the company by a coalition of organic growers and small farmers.

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The organic farmers claim to have brought the case in an attempt to prevent ‘patent bullying’ by Monsanto, the world’s largest seed company. They claim the company’s rigorous protection of its ‘intellectual property’ is preventing them from growing certain crops for fear of being sued should their fields become contaminated with GM traits owned by the company.

The groups had aimed to prohibit Monsanto from pursuing legal action against farmers or dealers should their organic or conventional seed become contaminated with Monsanto's patented biotech seed germplasm. However, the judge rejected this, stating that the company had not yet sued any of the plaintiffs or anyone else in “similar stead.”

Most arable crops and 95 per cent of sugarbeet grown in the USA contain Monsanto’s patented genes. The company has gained a reputation for its fierce protection of its patents; it has filed 144 patent infringement lawsuits against farmers between 1997 and April 2010. Some of these farmers claim that their fields were inadvertently contaminated.

However, Judge Buchwald said there was no demonstrated likelihood that the company would pursue infringement proceedings against the organic growers, who have no interest in using Monsanto’s seeds, after the seed giant pledged it would not press charges against farmers whose crops were inadvertently contaminated with its traits.

Monsanto general counsel David Snively said, "This ruling tore down a historic myth, which is commonly perpetuated against our business by these plaintiffs and other parties through the internet, noting that not only were such claims unsubstantiated but, more importantly, they were unjustified."

The plaintiffs, made up of over 50 US farming organisations, have said they will now turn to the court of appeals. In the EU, only one genetically modified crop is currently licensed for planting, Monsanto’s MON810 maize.

There is a strong anti-GM sentiment in the bloc and the French government has this month launched an appeal to the European Commission to revoke the license of this last GM crop, which it says may pose a threat to the environment through contamination and lead farmers into thrall to large corporations.

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