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Delhi HC blow to Monsanto on patent for Bt cotton seed technology -Sayantan Bera and Aditi Singh

-Livemint.com

Plant varieties and seeds cannot be patented under Indian law by companies like Monsanto, and any royalties on GM crops will be decided by the agriculture ministry, says Delhi high court

New Delhi:
Plant varieties and seeds cannot be patented under Indian law by companies like Monsanto Inc., and any royalties on genetically modified (GM) technology will be decided by a specialized agency of the agriculture ministry, the Delhi high court ruled on Wednesday.

As a result, the patent held by Monsanto, through its Indian arm Mahyco-Monsanto Biotech Ltd (MMBL) over its Bollgard-II Bt cotton seed technology, a genetically modified variant which resists the bollworm pest, was decreed to be unenforceable in India.

The division bench of justices Ravindra Bhat and Yogesh Khanna, however, permitted MMBL to approach the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) under the agriculture ministry for registering the variety within three months, following which the authority will decide on a benefit-sharing mechanism. Currently, trait fees on Bt cotton seeds are decided by a price control committee under the agriculture ministry.

The Court directed Monsanto to continue with its obligations under the sub-license agreements and allowed “the suit to proceed with respect to the claim for damages and other reliefs”, in the light of the sub-license termination notices issued by Monsanto.”

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