India Revokes Patent For PepsiCo's Lay's Potatoes

The controversy began in April 2019 when Pepsico had sued nine Gujarati farmers for allegedly growing the FC5 variety of potato which is used by the company to make Lay’s potato chips.

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new Delhi: In a setback to Pepsico, India has revoked the patent for a potato variety that was earlier exclusively grown for Pepsico’s potato chips, Lay's. The order was passed by the Protection of Plant Varieties and Farmers' Rights (PPVFR) Authority on Friday, reported Reuters.

The decision has come after a legal suit of two years. The controversy began in April 2019 when Pepsico had sued nine Gujarati farmers for allegedly growing the FC5 variety of potato which is used by the company to make Lay’s potato chips.

However, due to the protests by the farmer's associations, the suit was taken back by the company within a month. Later, Kavitha Kuruganti, a farmers’ rights activist filed a petition with the PPVFR for revocation of the patent as India does not allow any kind of intellectual rights or patent to seed varieties.

PPVFR has now agreed with Kuruganti’s petition and has revoked the patent on the FC5 seeds. “This judgment is a historic victory for the farmers of India. It should also prevent any other seed or food corporation from transgressing legally granted farmers’ seed freedoms in India,” Kuruganti told The Hindu.

“We believe that the Authority and the Government have a responsibility to let every applicant and registrant under the PPV&FR Act know that their rights do not supersede farmers' rights,” said Kapil Shah of the Kisan Beej Adhikar Manch while talking to the Hindu.

“The registrants’ rights are limited to only production of a variety, and not production from a variety. Even when it comes to production of a variety, farmers have rights to produce seed and even sell seed of a protected variety provided it is unbranded,” he added.

To the revocation, Pepsico has said that they are aware of the order and are reviewing it. “We are aware of the order passed by the PPVFR Authority and are in the process of reviewing the same,” a Pepsico spokesperson told Reuters.

Bipin Patel, one of the farmers sued by Pepsico in 2019 said, “The order is a big victory for farmers of India, and reaffirms their right to cultivate any crops,” as reported by Reuters.