 "Delhi HC refuses to stop CCI probe against Monsanto")
The Delhi High Court (HC) has refused to stop the Competition Commission of India (CCI) probe against Monsanto. The court has asked CCI not to pass any final order till the court's next hearing on July 18.
On February 10, the CCI had ordered a detailed probe against Monsanto as it prima-facie found the company to be violating competition law in the market of Bt cotton technology in India. The move followed a complaint filed by the agriculture ministry and three Indian seed companies.
Subsequently, Monsanto appealed to Delhi HC asking it to refrain CCI from investigating as the issue lay outside its jurisdiction. The court passed its order recently.
The company's senior counsel has said the CCI has no jurisdiction in respect of any matter relating to intellectual property rights, including the rights pertaining to licensing of patents and trademarks. According to him, the issue falls within "the exclusive jurisdiction of the authority, civil courts as provided under the Patents Act, 1970 and the Trade Marks Act, 1999". The court also asked CCI to not pass temporary injunctions, without its approval, against any company involved in the case.
On February 10, the CCI had ordered a detailed probe against Monsanto as it prima-facie found the company to be violating competition law in the market of Bt cotton technology in India. The move followed a complaint filed by the agriculture ministry and three Indian seed companies.
Subsequently, Monsanto appealed to Delhi HC asking it to refrain CCI from investigating as the issue lay outside its jurisdiction. The court passed its order recently.
The company's senior counsel has said the CCI has no jurisdiction in respect of any matter relating to intellectual property rights, including the rights pertaining to licensing of patents and trademarks. According to him, the issue falls within "the exclusive jurisdiction of the authority, civil courts as provided under the Patents Act, 1970 and the Trade Marks Act, 1999". The court also asked CCI to not pass temporary injunctions, without its approval, against any company involved in the case.