New Delhi: The Delhi High Court on Wednesday dismissed PepsiCo Inc’s appeal against the order canceling the New York-based company’s patent on the seeds of the specially grown FC5 potato variety for the popular snack; Lay’s Potato Chips
The Plant Varieties and Protection of Farmers’ Rights (PPVFR) Authority in 2021 revoked the intellectual protection granted to PepsiCo’s FC5 potato variety, saying Indian rules do not allow patents on seed varieties.
Justice Navin Chawla of the Delhi High Court dismissed the US-based snack giant’s appeal seeking to set aside the authority’s decision.
The patent cover for PepsiCo was removed by the authority after farmers’ rights activist Kavitha Kuruganti argued that the company should not be allowed to lay claim to the seed variety.
Meanwhile, PepsiCo filed a petition in the Delhi High Court against the cancellation of the patent cover.
A PepsiCo India spokesperson said in a statement that it is aware of the order and is reviewing it.
The US-based snacks and drinks company supplies the FC5 seed variety to a group of farmers, who in turn sell their produce to the company at a fixed price.
PepsiCo said it specially developed the FC5 variant and registered the trait in 2016. The variety of seeds is important as they contain less moisture content required to make potato chips made by the company.
“It is good that Justice Navin Chawla’s judgment upheld the cancellation order,” Kuruganti said in a statement.
(Author – Mehak Nigam
Editing- Prateek Gautam)