The recent ruling by the Indian Supreme Court saying that seeds cannot be patented is good for the Indian people, and not just because it is bad for Monsanto:
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.
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.”
Of the various extensions of IP, none is more concerning, and more unethical, than the expansion of patents to abrogate the rights for farmers to replant their own seeds.