The Delhi High Court on Wednesday rejected a plea of Monsanto Technology, a US-based agriculture company, for enforcement of a patent for its BT cotton seeds, a genetically modified variant that resists bollworms.
The court, however, partially allowed the counter-claims made by three Indian companies ~ Nuziveedu Seeds Ltd, Prabhat Agri Biotech Ltd and Pravardhan Seeds Private Ltd ~ that Monsanto had no patent for its BT cotton seeds in this country.
A bench of Justice S Ravindra Bhat and Justice Yogesh Khanna, which gave its verdict, also upheld a single judge’s decision on the trait fee payable to Monsanto by the Indian companies under a sub-licence they held.
The verdict of the single judge had it that the trait fees fixed in accordance with government-set rates will have to be paid to Monsanto by the Indian companies.
The US agri-giant, which wanted to charge a higher trait fee under the sub-licence given to the Indian companies for its seed technology, had challenged the single judge’s verdict reinstating a sub-licence between Monsanto and the Indian seed companies, terminated by the US company.
In their plea the three Indian companies had challenged the rejection by the single judge of their claim that Monsanto was granted the patent incorrectly for its seeds.
Monsanto pleaded for the court decision to be kept in abeyance for a few weeks as it wanted to file an appeal in the Supreme Court, but the High Court declined to do so.