Quantcast
Environmental News for a Healthier Planet and Life

In Blow to Monsanto, India's Top Court Upholds Decision That Seeds Cannot Be Patented

GMO
In Blow to Monsanto, India's Top Court Upholds Decision That Seeds Cannot Be Patented
Bt cotton. Abhishek Srivastava / Flickr / CC BY 2.0

In an another legal blow to Monsanto, India's Supreme Court on Monday refused to stay the Delhi High Court's ruling that the seed giant cannot claim patents for Bollgard and Bollgard II, its genetically modified cotton seeds, in the country.

Monsanto's chief technology officer Robert Fraley, who just announced that he and other top executives are stepping down from the company after Bayer AG's multi-billion dollar takeover closes, lamented the news.


Fraley tweeted, "Having personally helped to launch Bollgard cotton in India & knowing how it has benefited farmers ... it's sad to see the country go down an anti-science/anti-IP/anti-innovation path..."

Monsanto first introduced its GM-technology in India in 1995. Today, more than 90 percent of the country's cotton crop is genetically modified. These crops have been inserted with a pest-resistant toxin called Bacillus thuringiensis, or Bt.

Citing India's Patents Act of 1970, the Delhi High Court ruled last month that plant varieties and seeds cannot be patented, thereby rejecting Monsanto's attempt to block its Indian licensee, Nuziveedu Seeds Ltd., from selling the seeds.

Because of the ruling, Monsanto's claims against Nuziveedu for unpaid royalties have been waived, as its patents are now invalid under Indian law. Royalties will now be decided by the government.

Indian environmentalist Vandana Shiva, who is known for her fierce activism against corporate patents on seeds, called the top court's move a "major victory" that opens the door "to make Monsanto pay for trapping farmers in debt by extracting illegal royalties on BT cotton."

She also said in a video Monday in front of the Supreme Court, "Our sovereignty is protected, our laws are protected. Our ability to write laws in the public interest [and] for the rights of farmers through the constitution are protected."

"The Earth will win. Seed will win. Monsanto will lose," Shiva added.

A Monsanto India spokesman told Reuters the case will be submitted for an expedited preliminary hearing on July 18.

"We remain confident on the merits of the case. India has been issuing patents on man-made biotech products for more than 15 years, as is done widely across the globe," the spokesman said.

Radiation-contaminated water tanks and damaged reactors at the Fukushima Daiichi nuclear power plant on Feb. 25, 2016 in Okuma, Japan. Christopher Furlong / Getty Images

Japan will release radioactive wastewater from the failed Fukushima nuclear plant into the Pacific Ocean, the government announced on Tuesday.

Read More Show Less
EcoWatch Daily Newsletter
Antarctica's Thwaites Glacier, aka the doomsday glacier, is seen here in 2014. NASA / Wikimedia Commons / CC0

Scientists have maneuvered an underwater robot beneath Antarctica's "doomsday glacier" for the first time, and the resulting data is not reassuring.

Read More Show Less
Trending
Journalists film a protest by the environmental organization BUND at the Datteln coal-fired power plant in North Rhine-Westphalia, Germany on April 23, 2020. Bernd Thissen / picture alliance via Getty Images

By Jessica Corbett

Lead partners of a global consortium of news outlets that aims to improve reporting on the climate emergency released a statement on Monday urging journalists everywhere to treat their coverage of the rapidly heating planet with the same same level of urgency and intensity as they have the COVID-19 pandemic.

Read More Show Less
Airborne microplastics are turning up in remote regions of the world, including the remote Altai mountains in Siberia. Kirill Kukhmar / TASS / Getty Images

Scientists consider plastic pollution one of the "most pressing environmental and social issues of the 21st century," but so far, microplastic research has mostly focused on the impact on rivers and oceans.

Read More Show Less
A laborer works at the site of a rare earth metals mine at Nancheng county, Jiangxi province, China on Oct. 7, 2010. Jie Zhao / Corbis via Getty Images

By Michel Penke

More than every second person in the world now has a cellphone, and manufacturers are rolling out bigger, better, slicker models all the time. Many, however, have a bloody history.

Read More Show Less