Agro-biotechnology giant Monsanto has appealed Delhi High Court’s ruling which, based on national laws, prevents the world’s largest GMO seed producer from claiming patents on its genetically modified cotton varieties in India.

Looking to break down Monsanto’s monopoly on the Indian market, in April the Delhi High Court banned the St. Louis-based company from enforcing its patents on genetically modified ‘Bollgard’ and ‘Bollgard II’ cottonseed varieties in India. The decision was taken after Indian Nuziveedu Seeds Ltd (NSL) argued that the US seeds company was not eligible to claim patents and demand royalties from Indian seed companies.

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Following April's court ruling, 107 patents could soon be void, which could force the company to leave the market, Ram Kaundinya, of the Federation of Seed Industries of India, which represents Monsanto, Bayer, DuPont Pioneer and Syngenta foreign companies, cautioned.

“The decision of the Delhi High Court has made biotechnology companies cagey about investing in their businesses because they apprehend that they will lose patents on their expensive technologies,” Kaundinya said.