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january 2019

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.

Monsanto Technology Llc Thru The ... vs Nuziveedu Seeds Ltd. Thru The Director · Niyam