Monsanto allowed to claim patent on GM cotton seeds

-The Hindu Business Line

Shares of Monsanto India Ltd climb as much as to Rs 2,669, their highest since Sept. 26

The Supreme Court on Tuesday allowed Monsanto Technology to claim patent on its genetically-modified cotton seeds, giving a boost to firms developing new seed technologies.

The ruling overturned an order of a Division Bench of the Delhi High Court last year which invalidated the patent granted to Monsanto — acquired by German firm Bayer AG — saying the gene sequence responsible for the Bt trait that eradicates pests afflicting cotton plants is a part of the seed, and hence, cannot be patented under Section 3(j) of the Patents Act, 1970.

“The order of the Division Bench is set aside. The order of the single judge dated March 28, 2017, is restored and the suit is remanded to the learned single judge for disposal in accordance with law,” Justices Rohinton Fali Nariman and Navin Sinha said in their judgment on Tuesday.

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The Hindu Business Line, 8 January, 2019,

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