All India Kisan Sabha, a representative body of farmers, and activist Vandana Shiva have joined the bitter high stake battle between global seed giant MonsantoNSE 0.10 % and Indian seed companies over the issue of whether Bt Cotton seeds can be patented in India.
All India Kisan Sabha, a representative body of farmers, and activist Vandana Shiva have joined the bitter high stake battle between global seed giant MonsantoNSE 0.10 % and Indian seed companies over the issue of whether Bt Cotton seeds can be patented in India.
The Delhi High Court had on April 11 ruled against Monsanto, saying that it could not have patented Bt Cotton seeds as plants cannot be patented under Indian law. Monsanto then moved the top court, which in an interim ruling in July 2018 refused to stay the HC order. A bench comprising Justices RF Nariman and Navin Sinha is hearing the appeal.
The high court had cited the Patents Act of 1970 to rule that that plant varieties and seeds cannot be patented in India.
This had effectively prevented Monsanto from taking legal recourse to stop licensee Nuziveedu Seeds Ltd from selling the seeds in India without paying royalty or trait value on the seeds to it. It also stands in the way of Monsanto recovering past dues from Nuziveedu.
Monsanto, Nuziveedu and other Indian seed companies through the Federation of Seed Industry of India have presented their case since arguments began on October 30.
On Tuesday, the All India Kisan Sabha through senior advocate Krishnan Venugopal claimed that the issue had huge ramifications on the local seed industry and the country’s food security.
He pointed out that a packet of 450 gram seeds was licensed to be sold for `1,600-2,800 initially in 2002. But following sustained agitation by local farmers, the Andhra Pradesh government set a cap on the price on the ground that it was an essential commodity.
After it was pointed out that the same packet of seeds was sold by Monsanto at Rs 90 in China, the state government mandated that it be sold at not more than Rs 39, he said.
Venugopal argued that there was no mandate in TRIPs (Trade-Related Intellectual Property Rights) for patenting a gene. Any change in the law would have an impact across the economy, he warned. He will further continue his arguments on Thursday. Shiva will be arguing her case through lawyer Prashant Bhushan.
The Monsanto charge in court is led by senior advocates Abhishek Manu Singhvi and Neeraj Kishan Kaul. Singhvi was assisted by lawyer Amit Bhandari. They claimed that the patent was for an invention, a DNA construct and argued that the seed was only a carrier.
Senior advocates Jayant Bhushan, KV Vishwanathan, Shyam Divan and lawyer Mahesh Agrawala have appeared for local seed companies.
The Union government is not a party to the case so far. Lawyers involved in the case said it was a purely contractual matter between two private parties.
The Delhi High Court had on April 11 ruled against Monsanto, saying that it could not have patented Bt Cotton seeds as plants cannot be patented under Indian law. Monsanto then moved the top court, which in an interim ruling in July 2018 refused to stay the HC order. A bench comprising Justices RF Nariman and Navin Sinha is hearing the appeal.
The high court had cited the Patents Act of 1970 to rule that that plant varieties and seeds cannot be patented in India.
This had effectively prevented Monsanto from taking legal recourse to stop licensee Nuziveedu Seeds Ltd from selling the seeds in India without paying royalty or trait value on the seeds to it. It also stands in the way of Monsanto recovering past dues from Nuziveedu.
Monsanto, Nuziveedu and other Indian seed companies through the Federation of Seed Industry of India have presented their case since arguments began on October 30.
On Tuesday, the All India Kisan Sabha through senior advocate Krishnan Venugopal claimed that the issue had huge ramifications on the local seed industry and the country’s food security.
He pointed out that a packet of 450 gram seeds was licensed to be sold for `1,600-2,800 initially in 2002. But following sustained agitation by local farmers, the Andhra Pradesh government set a cap on the price on the ground that it was an essential commodity.
After it was pointed out that the same packet of seeds was sold by Monsanto at Rs 90 in China, the state government mandated that it be sold at not more than Rs 39, he said.
Venugopal argued that there was no mandate in TRIPs (Trade-Related Intellectual Property Rights) for patenting a gene. Any change in the law would have an impact across the economy, he warned. He will further continue his arguments on Thursday. Shiva will be arguing her case through lawyer Prashant Bhushan.
The Monsanto charge in court is led by senior advocates Abhishek Manu Singhvi and Neeraj Kishan Kaul. Singhvi was assisted by lawyer Amit Bhandari. They claimed that the patent was for an invention, a DNA construct and argued that the seed was only a carrier.
Senior advocates Jayant Bhushan, KV Vishwanathan, Shyam Divan and lawyer Mahesh Agrawala have appeared for local seed companies.
The Union government is not a party to the case so far. Lawyers involved in the case said it was a purely contractual matter between two private parties.