For the first time, PepsiCo’s potato patent revoked by Indian authority

The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) authority on Friday canceled the registration of an agricultural activist, accepting the revocation of an agricultural activist’s application for cancellation of variety registration of PepsiCo India Holding on potato variety FL-2027. , multinational company. Globally also this is the first time that a multinational company has faced such defeat.

Kavita Kuruganti said, “This is a precedent setting decision by the PPV&FR authority, which means that the rights of farmers enshrined in India’s unique law are threatened and it should be a matter of public interest. It should be a matter of public interest. is victory.” , a farmer activist who fought a case against multinational.

PPV&FR canceled the PVP certificate granted to PepsiCo India Holding (PIH) on Potato Variety in India (FL-2027) on several grounds, including that the grant of the Certificate of Registration was based on incorrect information furnished by the applicant (section 34(a)), that the certificate was given to a person who was not eligible for protection (section 34(b)), that the breeder provided the registrar with information, documents or materials necessary for registration (Section 34(c)) and the grant of certificate of registration was not in the public interest (Section 34(h)).

“Friday’s decision means that PepsiCo’s Variety IPR given in the plant variety certificate in February 2016 will be withdrawn by the authority. The decision also brought to light procedural gaps in the grant of PVC. Importantly, farmers Rights of India Act and any attempt to harass and intimidate farmers has been treated as a matter of public interest through this judgment.”

The farmers argued that the IPR given to PepsiCo India on the potato variety was not as per the prescribed provisions for registration and was also against the public interest. The revocation application was filed on June 11, 2019, and it took approximately 30 months for the PPV&FR to reach this conclusion.

Kuruganti’s application.

“This decision sets a precedent for all seed and F&B corporations and other registrants to not only maintain, but more importantly, violate the legally granted seed rights and freedoms of farmers in India. This decision of the Authority is significant and historic. It upholds the seed freedom of farmers, which makes this needle generic law of India truly unique. Acceptance of PPV&FR application for repeal, which is against public interest. Being based, sends an important signal that the rights of farmers cannot be taken lightly by IPR- holders in the country,” explained Shalini Bhutani, legal researcher and IPR expert in agriculture and biodiversity.

“This should stop further intimidation of farmers through annoying IP lawsuits. This is a fundamental protection for farmers for implied seed rights. Section 34 for the repeal of IP protection has been taken into account by our MPs in their knowledge. Keeping in view that the need for intervention in the development occurs after the grant of the certificate of registration, which requires cancellation of the said IP registration”, Bhutani said.

In the present case, PepsiCo India used the certificate obtained from the Authority on the FL-2027 potato variety to prosecute the helpless and uninformed farmers in Gujarat in 2018 and 2019 for exercising their actions on a non-existent exclusive right. based, which he claims has also been achieved against Indian farmers.

The decision of PPV&FR also says the same. On the other hand, Indian law is not clear that farmers have extreme rights over what seed they can sow as well as what they are entitled to do with their produce from any variety, including seed of the registered variety. The only condition is that they cannot sell seeds of protected varieties in a deliberately branded manner. Here too, an Indian farmer can claim an innocent violation if it is done unintentionally.

“Despite the law being clear, PepsiCo India Holding harassed and intimidated farmers and sued them for exorbitant levels of alleged damages in 2018 and 2019. PIH also engaged detectives to implicate farmers and prosecute its cases. Took secret video footage to make. This is a welcome development. It is a welcome development that with this decision, PPV&FR has chosen to retain the legal rights given to farmers and Pepsi’s actions against potato farmers in Gujarat. considered a breach of public interest. Friday’s order follows a more responsible action that PPV&FR took several months ago, when we corrected factual errors pointed out in the FAQ document on their website”. Dr Suman Sahai, Gene Campaign said.

“We are happy with the outcome of this case filed with PPV&FR and take pride in being instrumental in setting a precedent claiming farmers’ rights. We are also grateful to the agricultural activists”, Bipinbhai, one of the farmers Patel was sued by PIH in 2019.

“We believe that it is the responsibility of the PPV&FR and the Government to inform every applicant and the Registrar under the PPV&FR Act that their rights do not encroach upon the rights of the farmers. The rights of the Registrars are limited to the production of only one variety. and not a variety from production.Even when it comes to production of a variety, farmers have the right to produce seeds and even sell seeds of a protected variety, provided it is branded No,” said Kapil Shah of Kisan Beej Adhikar Manch.

With this decision, the company now has almost two months left from the original registration time period which was till January 31, 2022, as the registration certificate given to PepsiCo was renewable till January 31, 2031, which has now stood revoked.

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