Supreme Court rejects Monsanto plea on seed patent order

New Delhi: The Supreme Court on Monday refused to stay a 2 May Delhi high court order which held that plant varieties and seeds cannot be patented under Indian law by companies like Monsanto Inc., and that 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 GM variant which resists the bollworm pest, was decreed to be unenforceable in India.

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