THE MONSANTO CASE: INTELLECTUAL PROPERTY AND COMPETITION LAW
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Keywords:
Monsanto, Biotechnology, Nucleotide Acid Sequence (NAS), Intellectual Property, LicencingAbstract
Monsanto Co. is a company that is part of the specialized chemicals industry. It engages in the provision of agricultural products to farmers and operates its business through the Seeds & Genomics and Agricultural Productivity. This business segment produces seed brands, including Asgrow, Deltapine and Seminis amongst others and develops biotechnology attributes that assist farmers in controlling insects and weeds that impact farm activities. The Agricultural Productivity segment manufactures Roundup and Harness brand herbicides and other herbicides. It also provides other seed companies with genetic material and biotechnology traits for their seed brands.i
Monsanto Technology LLC had a registered Patent for Nucleotide Acid Sequence (NAS) containing the gene Bacillus Thuringiensis also known as the Bt gene. This patent was on the second generation Bt Technology. NAS kills bollworms from inside the seed once its inserted into the DNA of cottonseeds and therefore reduced the dependence of farmers on insecticides and pesticides. However, it is important to note that manufacting cottonseeds without this technology were what Indian farmers were doing before the year 2001.ii
For a significant period of time, Monsanto has been party to legal disputes. These also include that of Indian seed companies, backed by the Indian government that have been part to disputes related to price-control legislation to not only fix Intellectual Property licensing fees but also state governments demand for the complete revocation of Monsanto’s patent over its Bt technology and an ongoing investigation into Monsanto’s Licensing deals.
This paper concentrates on one specific landmark case that will be used to discuss Monsanto disputes in these areas of law. This is that of Monsanto Technology LLC v Nuziveedu Seeds Ltd. However, before we delve into the specifics of the case, it may help to first understand the technology involved along with the licensing model adopted by Monsanto in India.
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