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.