Monsanto wins top court case to claim patent on GM cotton

NEWDELHI: The Supreme Court on Tuesday restored Monsanto Co.’s patent claim on genetically modified (GM) Bt cotton until its validity is decided by a single judge of the Delhi high court.

As a result, the patent held by Monsanto over its Bollgard-II Bt cotton seed technology, a GM variant that resists the bollworm pest, will be enforceable in India for now. A bench comprising Justices RF Nariman and Navin Sinha also restored the single judge’s order of March 28, 2017 that had dismissed Monsanto’s plea against Nuziveedu Seeds Ltd alleging that it was using technology patented by Monsanto even after termination of licence.

The single judge had directed Monsanto to continue with its obligations under sub-licence agreements. With its ruling, the Supreme Court also set aside a May 2 order of the division bench of the Delhi high court, which had held that plant varieties and seeds cannot be patented under Indian law by companies such as Monsanto and that royalties on GM technology would be decided by a specialised agency of the agriculture ministry.

“We are satisfied that the division bench ought not to have disposed of the suit in a summary manner by relying on documents only, extracted from the public domain and not even filed as exhibits in the suit, much less examination of expert witnesses, in the facts of the present case,” the court said.

Those against royalties claimed by Monsanto include Rashtriya Swayamsevak Sangh (RSS)-linked groups. The Swadeshi Jagran Manch (SJM) said on Tuesday it would seek a legislative amendment to the rules governing patents in India.

“There is a need for the government to look into this whole issue and make an amendment in the law forbidding these companies from charging a patent amount,” Ashwani Mahajan, national co-convener of Swadeshi Jagran Manch, told Reuters.