Order of the High Court of Delhi regarding Monsanto's appeal for patents on its BT cotton seeds in India, 11/04/2018

  • 11/04/2018

Order of the High Court of Delhi in the matter of Nuziveedu Seeds Ltd. And Others Vs Monsanto Technology LLC And Others dated 11/04/2018 regarding Monsanto's appeal for patents on its BT cotton seeds in India. Monsanto claims that the patent is a biotech invention containing the infusion of Bt gene into the cotton genome. The Bt. bacterium eradicates pests afflicting the cotton plant. Monsanto states that the patent does not cover plants per se, but does cover components that can be termed microbiological processes and microorganisms, thus patentable under the Patents Act.

Delhi High Court while rejecting the Appeal said Monsanto can apply for registration under the PV Act (within three months of this judgment). Delhi High Court noted that "the denial of a positive order" would result in violation of provisions of the Essential Commodities Act and would deprive the farmers the right to access to seeds that were hitherto available to them.

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