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India’s Supreme Court denies Monsanto’s request to stay order rescinding GMO Bt cotton patent ahead of appeal

| | May 8, 2018
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Image: Amit Dave/Reuters
This article or excerpt is included in the GLP’s daily curated selection of ideologically diverse news, opinion and analysis of biotechnology innovation.

The Supreme Court on Monday [May 7] refused to stay the order of the Delhi high court holding that plant varieties and seeds cannot be patented under Indian law by companies like Monsanto Inc., and any royalties on genetically modified (GM) technology would be decided by a specialized agency of the agriculture ministry.

As a result, the patent held by Monsanto, through its Indian arm Mahyco-Monsanto Biotech Ltd (MMBL) over its Bollgard-II Bt cotton seed technology, a genetically modified variant which resists the bollworm pest, was decreed to be unenforceable in India.

Monsanto’s appeal challenging the Delhi high court’s order of 2 May was brought before a bench headed by Justice Rohinton F. Nariman who sought the response of seed companies over the issue.

The court also directed Monsanto to continue with its obligations under the sub-license agreements and allowed “the suit to proceed with respect to the claim for damages and other reliefs”, in the light of the sub-license termination notices issued by Monsanto.”

The appeal will be heard next on 18 July.

Read full, original post: SC refuses to stay order against Monsanto on patent for cotton seed technology

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