In the recent judgement in the High Court of Delhi in Monsanto Technology LLC and Ors. v. Nuziveedu Seeds Limited and Ors, the Delhi High Court has single-handedly devastated the Biotechnology (Bt.) industry in India. Its judgement will have far-reaching consequences on multiple sectors such as genetic modification and biotechnology, pharmaceuticals and the agriculture industry.
Brief Facts and Monsanto’s Patent Claims
Through a Government notice from the Department of Agriculture, the trait fees, or the fees charged for seeds with genetic coding for a specific characteristic (such as pest resistance, or higher yield), were revised for certain seeds including Bollgard and Bollgard II of Monsanto, a Fortune 500 global conglomerate.