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Nuziveedu Seeds Can Continue Using Monsanto’s Trademarks, Says High Court 

The high court said the companies are bound by the sub-licence.

Monsanto Co. Asgrow brand soybeans are delivered at the Crop Protection Services (CPS) facility in Manlius, Illinois, U.S. (Photographer: Daniel Acker/Bloomberg)
Monsanto Co. Asgrow brand soybeans are delivered at the Crop Protection Services (CPS) facility in Manlius, Illinois, U.S. (Photographer: Daniel Acker/Bloomberg)

The Delhi High Court held Monsanto’s decision to terminate its sub-licence agreement for genetically modified hybrid cotton seeds with Nuziveedu Seeds Ltd. prima facie illegal and arbitrary.

The high court said Monsanto’s 2015 sub-licensing agreement with Nuziveedu Seeds continues to be in force and binding on the parties, allowing the Indian company to use Monsanto’s ‘Bollguard’ and ‘Bollguard-II’ trademarks.

The court, however, rejected Nuziveedu Seeds’ argument that Monsanto was incorrectly granted the patent for ‘Bollguard’ and ‘Bollguard-II’.

The high court gave the following directions to Monsanto:

  • Monsanto cannot charge a higher trait fee than what is permitted under Indian laws.
  • If Monsanto does not accept the trait fees, it shall be deposited with the court registry.
  • If Monsanto fails to withdraw the fees within a month, it shall be deposited in a fixed deposit.

Alleging violation of its trademarks, Monsanto had claimed that Nuziveedu Seeds continued to market and sell seeds after it terminated the sub-licence agreement.