Chapter 5 examines conflicts over intellectual property rights on seeds, focusing on distributive struggles between biotechnology and seed companies, led by Monsanto, and farmers over who captures the rents from transgenic soy. After situating Argentina’s flexible Seed Law and its farmer’s privilege within the global TRIPS and UPOV frameworks, it reconstructs key episodes—from the “Maradona soybean” strategy of rapid RR‑soy diffusion without a patent, through failed exit threats and high‑profile litigation in European and Chinese ports, to the stalled “Monsanto Law” in Congress and the eventual private Bolsatech royalty‑collection system. The chapter shows that producers initially appropriated most innovation rents thanks to legal loopholes and legislative resistance, but that Monsanto and allied firms used their structural control over proprietary technology and export access to block a public technology fund, discipline other links in the chain, and secure higher royalties through private contracts—even without achieving their preferred statutory reform.

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Intellectual Property Rights over Seeds

  • Juan O’Farrell

摘要

 Chapter 5 examines conflicts over intellectual property rights on seeds, focusing on distributive struggles between biotechnology and seed companies, led by Monsanto, and farmers over who captures the rents from transgenic soy. After situating Argentina’s flexible Seed Law and its farmer’s privilege within the global TRIPS and UPOV frameworks, it reconstructs key episodes—from the “Maradona soybean” strategy of rapid RR‑soy diffusion without a patent, through failed exit threats and high‑profile litigation in European and Chinese ports, to the stalled “Monsanto Law” in Congress and the eventual private Bolsatech royalty‑collection system. The chapter shows that producers initially appropriated most innovation rents thanks to legal loopholes and legislative resistance, but that Monsanto and allied firms used their structural control over proprietary technology and export access to block a public technology fund, discipline other links in the chain, and secure higher royalties through private contracts—even without achieving their preferred statutory reform.