The Hindu : Supreme Court notice to Centre on Monsanto's patent bid

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Saturday, Feb 14, 2004

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Supreme Court notice to Centre on Monsanto's patent bid

By Our Legal Correspondent

NEW DELHI, FEB. 13. The Supreme Court today issued notice to the Ministries of Agriculture, Commerce, Law, Industry and Environment on a public interest litigation petition alleging that the Centre had failed to take steps to oppose the United States company Monsanto's bid to get a European patent on Indian wheat.

A three-judge Bench, comprising the Chief Justice V.N. Khare, Justice Brijesh Kumar and Justice S.H. Kapadia, issued the notice on the petition filed by the Research Foundation for Science and Technology and Vandana Shiva returnable by Monday, when the matter will be taken up for hearing again.

The petitioner contended that in 1990, Unilever applied for a patent of wheat derived from traditional Indian variety "Nap Hal" before the European Patent Office (EPO). In 1998, Unilever's wheat division was acquired by Monsanto and five years later the patent was granted to Monsanto by EPO.

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 in favour of Monsanto by the Indian Government was February 21 and alleged that the Government did not appear to be serious in filing the objections.

The foundation said wheat, rice, neem and other such plant varieties were traditional Indian heritage and products developed by following indigenous knowledge and practices over the centuries. The different varieties of wheat, use of different wheat products, the medicinal and therapeutic properties of wheat had all been documented in ancient Indian text and scriptures.

The petitioner said the patent specification filed by Monsanto was a traditional Indian wheat variety, originated from India as a result of indigenous research. Monsanto had only stolen the existing traditional knowledge of the Indian farmers and was now terming it as its own invention. The said attempt was clearly a case of resource and intellectual piracy and theft by a U.S. company and invaded our farmers' right to livelihood.

The last date for filing objections before the EPO under the EPO Convention was February 21 but since the Centre had not taken steps so far the petitioner was constrained to file the present petition for a direction to the respondents to challenge the patenting of wheat before the EPO, Munich.

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