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.