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SC rules in favour of Monsanto's patent of GM Cotton seed
Why is it in news?
- The Supreme Court ruled in favour of Bayer AG as Monsanto holding patents on genetically modified cotton seeds as it set aside a Delhi High Court order saying that the American giant can`t claim patent on its GM cotton seeds.
What was case?
- Monsanto had sought permanent injunction against Indian company Nuziveedu Seeds Limited from using the trade mark `BOLGARD` and `BOLGARD II` brand cotton technology, violating its registered patent.
- It had further sought to restrain Nuziveedu Ltd from selling and or using seeds/hybrid seeds bearing the patented technology.
- The single judge by its March 28, 2017 order while deciding Monsanto`s plea had said that issues arising in the suit necessarily required formal proof, particularly expert opinion, which in complicated matters like that of patent were crucial for ascertaining the breadth of the monopoly granted by the specifications of a patent claim.
- The single judge further ordered that "during the pendency of the suit, the parties shall remain bound by their respective obligations under the sublicence agreement and that the licence fee/trait value payable by the defendant shall be governed by the laws in force."
Source
The Hindu