EU court says Monsanto can’t block exports to Europe of Argentine soy with patented gene

EU court: Monsanto can’t stop sale of patented soy

BRUSSELS — The European Union’s top court ruled Tuesday that Monsanto Co., the world’s biggest seed maker, cannot block Argentine farmers from exporting to Europe soy meal containing the company’s patented genetic modifications.

The ruling by the EU Court of Justice says Monsanto’s European patent for the plant genes can’t stop sales of the processed final product.

Monsanto designed the RR soybean plant to make it resistant to the weed killer glyphosate. It’s widely cultivated in Argentina, where there’s no patent protection for Monsanto’s changes.

Monsanto filed suit in the Dutch courts after it tested Argentine soy meal sold in the Netherlands and confirmed it came from RR soybean. A Dutch judge asked the EU court to determine the extent of Monsanto’s patent rights.

Monsanto is working with Argentine companies and farmers to try and resolve the dispute over exports, said spokeswoman Kelli Powers. The company already settled its original lawsuit over the soybean meal, although the settlement details are confidential.

Monsanto doesn’t think the high court’s ruling will have a broader impact on the company’s patent rights, Powers said.

The suburban St. Louis-based agricultural giant’s shares ended Tuesday down $1.42, or 3 percent, at $45.12 on the New York Stock Exchange.