Nuziveedu Seeds Ltd says media reports are wrong
There's disagreement from within India about the way the legal battle around Monsanto's patents on GM Bt cotton seeds in the country has been reported in the media.
Bloomberg reported earlier today, "Bayer AG’s Monsanto unit won a legal battle to own patents on genetically-modified cotton seeds in India, the world’s biggest producer of the fiber, in a rare piece of good news for the German company. India’s Supreme Court ruled on Tuesday that the company’s patent for Bt cotton seeds is valid, overturning a judgment by the High Court of Delhi saying certain items such as seeds, plants, and animals can’t be patented."
But now Nuziveedu Seeds Ltd, to which Monsanto supplied GM Bt cotton seeds under licence, has said that such reports are wrong and premature. See the article below.
SC hasn’t upheld Monsanto’s Bt patent yet, says Nuziveedu
The Hindu Business Line, updated on January 8, 2019
Nuziveedu Seeds Limited has said that reports of the Supreme Court upholding the validity of Monsanto’s patent on Bt cotton seeds were wrong.
“The court has held that the validity of Monsanto’s patent can only be judged after evidence is led by both parties, and at the final and not the interim stage,” the company has said.
It held that the applicability of the Patents Act, PPVFRA and the country’s obligations under the World Trade Organization (WTO) would be examined at the stage of final arguments.
“The seed companies and farmers are encouraged by the judgment as it is open to them to contend that no patents can be exercised on genetically modified seeds,” it said.
“We are further encouraged by the court’s finding that the termination of the sub-licence agreement by Monsanto was wrongful and that Monsanto’s claim for licence fee had to be in accordance with the statutory price regime,” it said.
The company has been arguing that Monsanto cannot have a patent on the gene and that it should be brought under the purview of the Protection of Plant Varieties and Farmers’ Rights Act and not be under the Patents Act.
“The Supreme Court felt that the issue of whether Monsanto’s patent is valid or not under the Patents Act would need to be determined by the Single Judge,” it said.