Nuziveedu Seeds Ltd. vs. Monsanto Technology LLC (3SCC 381)

Viral Maru
Institute of law, Nirma University, India

Volume II – Issue I, 2020

The court decision to support GM cotton patent will uplift the cotton industry. It will also give boost to researcher of cotton industry. The Supreme Court overruled the lower court order in favor of Monsanto of a long legal battle. The high court of Delhi quashed the patent of Monsanto but Supreme Court reestablished the patent rights of Monsanto and says that it is not that easy to quash patent. It is not just about revoking patent as it would amount to scuffle of returning amount of price paid by Indian companies to Monsanto. According to me this decision would help the agro tech companies to more innovate and make patents that are for the benefit of complete sector. If this patent would have been quashed then it would have demotivated other foreign companies from innovating in India. Supreme Court broke the precedent of former decision which restricted the foreign companies from filing patent. But it should also be taken into account that companies should charge price in accordance with price set by government.


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