Financial Express | ASHOK B SHARMA | February 16, 2004
The Union government today assured the Supreme Court that all necessary steps would be taken, if the situation so required, to object to the patent rights on Indian wheat landrace accorded to the US seed multinational, Monsanto by the European Patent Office (EPO).
Additional solicitor general, Mukul Rohtagi representing the government submitted before a bench headed by Chief Justice V N Khare that the government would take appropriate measures. He admitted that the matter was raised in Parliament and the concerned minister had clarified that the variety on which Monsanto obtained patent rights was to be used only in Europe and would not, therefore, affect the farmers in India.
When the Chief Justice reminded that the last date for filing objections to the patent before EPO is February 21, Mr Rohtagi assured that all necessery steps would be taken.
The case was then posted for further hearing on February 23.
The Supreme Court bench consisting of Chief Justice VN Khare, Justice Laxmannan and Justice SH Kapadia on last Friday had issued notices to Union ministries of agriculture, commerce, law, industry and environment on a public interest litigation filed by New Delhi based Research Foundation for Science and Technology and Ecology (RFSTE).
Greenpeace, RFSTE and Bharat Krishak Samaj had jointly challenged Monsanto's patent of Indian wheat at EPO on January 27, 2004. The Indian government is yet to become a party to challenge the bio-piracy of its resources by the US multinational.
The advocates on behalf of RFSTE, Pincky Anand and DS Gobhardhan contented before the Supreme Court that the European patent itself shows that Monasanto's patent is based on the Indian landrace which is termed `Nap Hal' in its patent application. The European wheat database also shows that `Nap Hal', the traditional cultivar was collected from Indian and the USDA database shows that it has been collected from Uttar Pradesh in India in 1948. If the patent right is not challenge it would cause a problem for exports of wheat and wheat products to Europe and subsequently the farmers will have to depend on the mercy of Monsanto for wheat seeds, breeding process and the exporters and millers will have to pay royalty to Monsanto for processing.
Both Ms Anand and Mr Gobhardhan said that the patent claims concern soft-milling wheat in which the relevant genes are either not present or not alive. The patent, therefore, means a monopoly on the genetic characteristics of Nap Hal plants and on all wheat plants which are crossed with indian variety. In addition, it covers the flour from wheat as well as dough produced from flour and biscuits and other bakery products as well.
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