Supreme Court of India · 2019-01-08
Monsanto Technology Llc Thru The ... vs Nuziveedu Seeds Ltd. Thru The Director
- Citation / case number
- AIR 2019 SUPREME COURT 559
- Court
- Supreme Court of India
- Petitioner
- Monsanto Technology Llc Thru The ...
- Respondent
- Nuziveedu Seeds Ltd. Thru The Director
- Author
- Navin Sinha
- Bench
- Navin Sinha, Rohinton Fali Nariman
Judgment text excerpt
The Supreme Court addressed the issue of patent infringement under the Patents Act, specifically Section 48 and Section 64, in the context of a dispute over the use of the trademark 'BOLGARD' and associated technology. The Court held that the plaintiffs' application for an injunction was justified as the defendants' claims of protection under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 were not sufficient to negate the plaintiffs' patent rights. The Court emphasized the necessity of expert opinion in patent cases and upheld the lower court's decision to maintain the status quo pending further proceedings.