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january 2019

Supreme Court of India · 2019-01-08

MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ vs NUZIVEEDU SEEDS LTD. THRU THE DIRECTOR

Citation / case number
SC 2018/16059
Court
Supreme Court of India
Petitioner
MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ
Respondent
NUZIVEEDU SEEDS LTD. THRU THE DIRECTOR
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the dispute over the use of the trademark 'BOLGARD' and 'BOLGARD II' in relation to patent no. 214436, emphasizing the need for formal proof and expert opinion in patent cases. The Court upheld the decision of the Single Judge, which mandated that the parties adhere to their obligations under the sub-licence agreement during the pendency of the suit, as per Section 48 of the Patents Act. The Court clarified that the defendants' counterclaim for revocation under Section 64 and Section 3(j) of the Patents Act would require thorough examination post-pleadings and evidence presentation.

MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ vs NUZIVEEDU SEEDS LTD. THRU THE DIRECTOR · Niyam