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Delhi HC dismisses Monsanto plea to enforce BT cotton seed patent

Press Trust of India  |  New Delhi 

The today dismissed US-based agro Technology's plea to enforce the patent for its seeds in

A bench of Justices S Ravindra Bhat and Yogesh Khanna partially allowed the counter-claims of three Indian that does not have a patent for its seeds, a genetically modified variant which resists bollworms.

The court also upheld the decision of a on the issue of trait fee payable to by the three Indian companies -- Nuziveedu Seeds Ltd, Prabhat Agri and -- under the sub-licence with them.

The had said that the Indian companies would pay trait fees to Monsanto according to government-set rates.

Monsanto wanted to charge a higher rate of trait fee under the sub-licence given to Indian companies to use its

Both sides had challenged the single judge's order before the division bench.

Monsanto had challenged the single judge's decision reinstating a sub-licence between it and the three Indian seed companies, which the foreign entity had terminated.

The Indian companies in their appeal had challenged the rejection of their claim by the that the US-based agro Monsanto was incorrectly granted patent for seeds.

After the verdict was pronounced, Monsanto sought that the decision be kept in abeyance for a few weeks so that it can file an appeal in the

The high court declined to keep the operation of its decision in bench, but granted the US company a certificate of fitness to file an appeal in the apex court.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Wed, April 11 2018. 15:30 IST