germplasm, which are modified to contain the technology of the Opposite Parties. The Commission observes that sufficient protection is available to the OPs vide the Hon’ble Delhi High Court order dated 19th February 2016 as per which, no seeds manufactured by the Informants after 30th November 2015 can be sold without Court orders; local Commissioners appointed by the Court would inventorise the packaged/ unpackaged seeds manufactured by the Informants after 30th November 2015; and the Informants would maintain the records of seeds which are manufactured after 30th November 2015. However, in the light of the interim relief granted through this order restraining destruction of seeds, parent-lines and germplasm, which are modified containing the technology of the Opposite Parties, the Commission further directs that the seeds manufactured by the Informants, if any, which are not covered under the directions of Hon’ble Delhi High Court shall not be sold by the Informants without the leave of the Commission. Furthermore, the Commission holds that in order to safeguard the interest of the OPs, the Informants will adhere to the requirements of maintenance of record, inspection, reporting, audit etc . as were stipulated in the sub-license agreements. The Informants are also directed to extend their full cooperation to the OPs to protect the Intellectual Property Rights of the OPs. The Informants are further directed to furnish undertakings in this regard within fifteen (15) days of receipt of this order. Sale of seeds being not allowed as a relief herein, the Commission does not see any financial implication upon OPs. However, appropriate order would be passed by the Commission as and when the same arises.
