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So Paulo, 04 – Federal Court granted a favorable injunction to the Association of Soybean Producers and Mato Grosso (Aprosoja-MT) in the Monsanto against, which calls into question the validity of the Intacta RR2 soybean patent PRO, Wednesday 4. Federal Judge Cesar Augusto Bearsi of the Mato Grosso Federal Court, acting in Vara, decided that Monsanto was to deposit in juzo the amount that each badociated rural producer paid royalties for the acquisition of the technology. Intacta to the decision The values will remain deposited until the final decision of the court. Monsanto has informed through its press office that she has not yet been officially informed of the decision and that she will be positioned thereafter. The amounts have to be corrected in monetary terms plus interest since disbursement.
Aprosoja-MT requested, in preliminary injunction, the filing in juzo or the suspension of payment of royalties for the use of technology, which was refused by Justia. "I see an intermediate step to remove the risk of uncertainty, warning the right of both parties and this comes in the form of the second application, ie the deposit of the value ", argued the judge. "In this way, the company will not run the risk of not receiving the value of the patent, if it wins, but consumers will not be left unprotected, which would make a potentially undue payment because of the great uncertainty surrounding the patent. " [19659002] The judge pointed out in the decision that the contradictory technical opinions submitted to date by Aprosoja-MT and Monsanto and the demonstration of the National Institute of Industrial Property (INPI) show that there is a Serious doubt about the very existence of the patent, payments made by consumers represented as procedural substitutes can actually be undue. "In the face of relevant doubt, consumers can not simply be disregarded and allowed to interfere with their potential rights, just as one can not simply suspend the patent."
In the decision, the judge also pointed out that biotechnology field of knowledge "extremely technical and sophisticated", the judge may "simply choose one of the opinions." "The same judicial expertise exempts, to produce during the fact, can clarify the issue." In a Defense filed by Federal Justice in January this year, Inpi rebadessed the case and examined the patent invalidity of Monsanto's Intacta technology.In the ruling, the judge however pointed out that the INPI had acknowledged in its initial statement that the review ignored the Federal Administrative Process Act, "proceeding to a review after five years and without respecting the contradiction and extended defense of the company holding of the patent "."
According to the Aprosoja-MT survey, with respect to the 2017/2018 soybean crop, Monsanto must charge about 800 million reais with Intacta royalties only in the state Mato Grosso. In a statement, the president of Aprosoja-MT, Antonio Galvan, said that the decision of Justia "puts a balance in the discussion", just considering that the value of the fee is deposited in juzo up to decision. "This is a win for the sector, we are presenting technical subsidies in the Justia that demonstrate that the patent should not even have been granted by the Inpi," he said. Monsanto
Monsanto stated that it was not aware of any court decision that would have called into question the validity of the Intacta RR2 Pro soybean patent in the federal court: "We remain confident and certain of the validity of our patents and the rights of these technologies, "said the company. Federal law yesterday granted a favorable injunction to the Association of Soybean and Mato Grosso Producers (Aprosoja-MT) against Monsanto. Federal judge Cesar Augusto Bearsi of the Federal Court of Mato Grosso, acting on 2 Vara, ordered the company to deposit in juzo the value that each rural producer pays royalties for the acquisition of technology Intacta from the date of the decision. Monsanto maintains that there was no soy with crawler protection before the launch of Intacta RR2 Pro technology and that "this innovation is recognized by tens of thousands of farmers who" [19659002] Monsanto added that, like many other R & D companies, it has contributed to innovations in the growth of agriculture in Brazil. "We also believe that with By intensifying these investments, we will continue to overcome the great challenges that tropical agriculture presents and consolidate our country as one of the largest food producers in the world, "the company said. decision undermines incentives to invest in Brazilian agriculture puts these advances at risk. "
(Leticia Pakulski)
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