The Supreme Court on Tuesday set aside an order of the division bench of the Delhi High Court which had invalidated the patent right of US-based agro major Monsanto Technology over BT cotton seeds for its Bollgard technology.
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.
Deciding appeal of Monsanto, Bench of Justices RF Nariman and Navin Sinha said, “Order of division Bench (of Delhi High Court) is set aside. The order of single judge dated March 28, 2017, is restored and suit is remanded to single judge for disposal in accordance with law.
“In view of the importance of the question involved, we expect the parties to cooperate and facilitate the single judge in early disposal of the suit.”
Monsanto had sought permanent injunction against the Nuziveedu Seeds and other farmers organisation from using the trademark ‘BOLGARD’ and ‘BOLGARD II’ brand cotton technology.