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2016 Supreme(SC) 1228

T. S. THAKUR, R. BANUMATHI, UDAY UMESH LALIT
Research Foundation, Sci. , Tech. & Eco. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: D.N. Goburdhan, Pallavi Chopra, Abhishek Agrawal, Lal Ramtiamma
For the Respondents: K. Radhakrishnan, Asha Gopalan Nair, S.S. Rawat, N. Nivedita Nair, Kiran Suri, Kiran Bhardwaj, Amit Sharma, Harish Khinchi, S.N. Terdal, D.S. Mahra

JUDGMENT :

Heard.

2. In Research Foundation for Science, Technology & Ecology and Others v. Ministry of Agriculture and Others, (1999) 1 SCC 655, the petitioners had approached this Court in public interest for a writ of mandamus directing the respondent to take action to protect the biodiversity our country in conformity with the Convention on Biological Diversity (CBD) and such other Conventions for protection of the biodiversity and for a direction to the Government to challenge the patenting of Basmati rice, if required, in the United States Patent and Trademark Office (USPTO) and/or before the Dispute Settlement Body (DSB) created under the World Trade Organisation (WTO).

3. This Court had after notice to the respondent-Government of India and after hearing learned Attorney General noted that two legislations, namely, "the Biodiversity Act" and "the Geographical Indicators Act" were in the process of finalisation for being introduced in Parliament. This Court also noted that "Plant Varieties and Farmers' Right Protection Bill" had already been finalised and was likely to be introduced in Parliament during the winter session. This Court also noted the submission of learned Attorne












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