Bayer, other seed MNCs hail SC order on Monsanto Bt cotton patent case

Seed industry bodies FSSI and AAI comprising mostly MNCs Tuesday hailed the Supreme Court's decision to set aside the Delhi High Court order that had invalidated the patent right of US-based agro major Monsanto Technology over BT cotton seeds for its Bollgard technology.

However, National Seeds Association of India (NSAI) President M Prabhakar Rao said the matter was not decided "either on facts or on law without a trial" and was referred back to a single bench and the situation has come to square one.

Deciding the appeal of US-based Monsanto, the apex court restored the order of the single judge bench of the high court which was not seized of the issue of patent but had dealt with the issue of trademark infringement claimed by Monsanto over the BT cotton seeds by Nuziveedu Seeds Ltd.

German chemical and pharma major Bayer, which has now acquired Monsanto globally, welcomed the judgement and said it will give a detailed commented after studying the SC order.

Federation of Seed Industry of India (FSSI) Chairman M Ramasami said the SC order validates that patents are integral to innovation and reinforces faith in the Indian judiciary and the Indian patent system.

"While we await the detailed order for complete understanding, this seems to be a pro-farmer and pro-technology ruling that will have a long-term and positive impact on Indian agriculture," he said in a statement.

Technology developers will now be encouraged to invest more money into bringing new technologies to the market, he said.

"By creating a positive environment for agri R&D, the court has underlined the importance of protecting innovators and promoting legitimate access to technology."
National Seeds Association of India President M Prabhakar Rao said, "The SC pronounced the order. They chose not to decide either on facts or on law without a trial and referred the matter back to single judge."