KOCHI: India should invoke provisions of Bio-diversity Convention (CBD) to fight the patent issued by European Patent Office (EPO) to Monsanto on virus resistance traits of melons allegedly taken from indigenous varieties in India, according to ecologist S Faizi.Faizi, a member of CBD Expert Group on Biodiversity and Poverty and Board Member of the CBD Alliance , said Monsanto had misappropriated the viral resistance trait of Indian melons and introduced it into Western variety of melons, through conventional breeding techniques.The patent obtained by the Munich office of the EPO to Monsanto for Closterovirus-resistant melon plants has no legal validity as it was not an invention but a case of "bio-piracy," Faizy said."India may win the rights if we file a case in any court which has jurisdiction over the Munich office of the EPO, by invoking the CBD provisions," he said.Faizi said he had written to minister for environment and forests Jayanti Natarajan with this suggestion.He said the fight against this patent might not be effective if India was invoking patent laws alone. Patent laws do not recognise sovereign national rights over biodiversity, as they treat biodiversity as global resource.