HC stops Indian seed co from selling Bt cotton under Monsanto brand

HC also asked the Hyderabad firm to pay the royalty to MMBL after selling the old stock manufactured before November 2015

The Delhi High Court on Friday restrained Hyderabad-based Nuziveedu Seeds from selling Bt cotton seeds using the trade-mark of US-based agro major Monsanto’s Indian arm Mahyco Monsanto Biotech Ltd (MMBL), news agency PTI reported.

The high court also asked the Hyderabad firm to pay the royalty to MMBL after selling the old stock manufactured before November 2015.

MMBL stated it was ‘compelled’ to terminate the licence agreements of Nuziveedu and its group companies owing to the latter’s refusal to pay trait fees (royalty) of Rs 165 crore on “specious grounds”, despite having collected the maximum retail price from farmers.

The court restrained Nuziveedu Seeds from selling seeds manufactured after November 2015, the licence agreement between the two parties was terminated. It also appointed local commissioners to make an inventory of stocks available with Nuziveedu.

The court’s order came on a lawsuit moved by the MMBL.

According to the PTI report, lawyers Sandeep Sethi and Pratibha M Singh, appearing for the agro major, submitted the domestic company was selling the product by infringing the Monsanto trade mark. Monsanto said Nuziveedu was selling Bt cotton seeds manufactured using the US firm’s patented Bollgard-II gene technology.

MMBL has also approached the Bombay High Court over non-payment of about Rs 400 crore of royalty fees by some Bt cotton seed manufacturers including Nuziveedu.