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Notice to Govt on MNC's bid to patent Indian wheat
Friday, February 13 2004 16:29 Hrs (IST)

New Delhi: The Supreme Court today (Feb 13, 2004) issued notices to Union Ministries of Agriculture, Commerce, Law, Industry and Environment on a public interest litigation (PIL) accusing the Centre of not taking steps to oppose US agriculture major Monsanto's bid to get European patent on Indian wheat.

A three-judge Bench headed by Chief Justice V N Khare, while issuing the notice on the petition filed by Research Foundation for Science and Technology and Vandana Shiva, directed the respondents to reply by Monday (Feb 16, 2004), when the matter would be taken up for hearing again.

Appearing for the petitioner, counsel Pinky Anand and D N Goburdhan contended that in 1990, Unilever applied for a patent of wheat derived from traditional Indian variety 'Nap Hal' before European Patent Office (EPO).

In 1998, Unilever's wheat division was acquired by Monsanto and five years later the patent on wheat was granted to Monsanto by EPO, the petitioner said.

Referring to a Parliament question in this regard, the petitioner said the Government had clarified that the patent was on a new variety of wheat for use in Europe and that 'Nap Hal' variety of wheat was not covered under the patent.

It said the last date for filing of objection to the patent on wheat in favour of Monsanto was February 21 and alleged that the Government did not appear serious in filing the objections.

The Foundation said it has filed the objections, but "does not possess the technical expertise and infrastructure to file detailed objections", which could alone be done by the Government.

PTI








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