Delhi High Court Dismisses Pepsi’s Appeal Against Revocation of its IPR on Potato Variety
1 year, 6 months ago

Delhi High Court Dismisses Pepsi’s Appeal Against Revocation of its IPR on Potato Variety

News 18  

In a significant ruling, the Delhi High Court on Wednesday dismissed PepsiCo India Holdings’ appeal against the revocation of its Plant Varietal Protection certificate for a potato variety. The revocation order, issued in December 2021, by the Protection of Plant Varieties and Farmers’ Rights Authority, came after farmers’ rights activist Kavitha Kuruganti filed an application challenging PepsiCo’s claim of infringement. The Appeal by PIH in the Delhi High Court brought forth many legal questions for adjudication, specific to PepsiCo India’s applications for PVP registration in 2011 and 2012; its actions against several Gujarat potato farmers in 2018 and 2019 and public interest in relation to that, as well as in relation to the interpretation of certain provisions of India’s Protection of Plant Varieties and Farmers’ Rights Act 2001. The company did this despite the fact that India’s legislation on the subject of farmers’ seed rights is very unambiguous in its provisions entitling farmers to access any seed variety that they would like to, including protected varieties,” said Kapil Shah, an activist from Gujarat who was involved in defending the potato farmers right from the beginning.

India Delhi High Court Court Public Interest Gujarat Delhi High Court Public Act Plant Pepsi Pepsico Potato Chawla Kuruganti Plant Varieties Potato Variety Farmers Rights Revocation Kavitha Kuruganti  act  gujarat  public  dismisses  high  farmers  rights  2019  court  variety  plant  indias  revocation  delhi  potato  appeal  pepsis  ipr

History of this topic

Delhi High Court Sets Aside Single Judge Order Upholding Revocation Of PepsiCo's Registration For Potato Variety Used In Lay's Chips
1 year ago

Delhi High Court Sets Aside Single Judge Order Upholding Revocation Of PepsiCo's Registration For Potato Variety Used In Lay's Chips

Live Law  

The Delhi High Court yesterday set aside a single judge's order which upheld an order passed by the Protection of Plant Varieties and Farmers Rights Authority revoking Pepsico India's registration with respect to a potato variety used for making Lay's chips.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma set aside the order passed by the single judge …

Explained | What is the legal row between farmers and PepsiCo?
1 year, 5 months ago

Explained | What is the legal row between farmers and PepsiCo?

The Hindu  

The story so far: On July 5, the Delhi High Court held that there was “no merit” in the appeal filed by PepsiCo over the patent rights for its ‘unique potato’ variety. The appeal was against an order passed by the Protection of Plant Varieties and Farmers Rights’ Authority, revoking PepsiCo’s registration vis-a-vis the unique potato variety developed by it. …

Delhi High Court turns down PepsiCo’s appeal against revocation of potato patent
1 year, 6 months ago

Delhi High Court turns down PepsiCo’s appeal against revocation of potato patent

Live Mint  

An Indian court rejected PepsiCo Inc's appeal against an order that revoked a patent for a potato variety grown exclusively for the New York-based company's popular Lay's potato chips. The Protection of Plant Varieties and Farmers' Rights Authority in 2021 revoked intellectual protection granted to PepsiCo's FC5 potato variety, saying that India's rules do not allow a patent on seed …

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
2 years, 2 months ago

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC

Live Law  

Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings. Justice Yogesh …

Explained | What will be the impact of PepsiCo verdict?
3 years ago

Explained | What will be the impact of PepsiCo verdict?

The Hindu  

The story so far: The Protection of Plant Varieties and Farmers’ Rights Authority revoked PepsiCo India’s registration of its potato variety used to make Lays chips earlier this month, more than two years after the multinational food giant sued Gujarati farmers for allegedly infringing its rights by growing and selling its registered variety. The wider implications of the verdict for …

PepsiCo loses rights to special Lays variety potato in India
3 years, 1 month ago

PepsiCo loses rights to special Lays variety potato in India

The Hindu  

December 03, 2021 11:11 pm | Updated December 04, 2021 09:10 am IST - NEW DELHI Two years after PepsiCo India provoked outrage by suing nine Gujarati farmers for allegedly infringing patent rights by growing its registered potato variety, the company’s registration has been revoked by the Protection of Plant Varieties and Farmers Rights’ Authority. It should also prevent any …

Gujarat potato farmers case: Agriculture Ministry issues notice to PepsiCo
5 years, 5 months ago

Gujarat potato farmers case: Agriculture Ministry issues notice to PepsiCo

The Hindu  

Food and beverage giant PepsiCo India has been slapped with a notice from a central agency under the Agriculture Ministry regarding an application to revoke the registration of its potato variety used to make its trademark Lays chips. According to sources the application to revoke PepsiCo’s registration argues that the firm violated Section 39 clause of the PPV&FRA when it …

PepsiCo withdraws all cases against potato farmers
5 years, 8 months ago

PepsiCo withdraws all cases against potato farmers

The Hindu  

PepsiCo has withdrawn all its cases against nine Gujarat farmers who grew its protected potato variety used to make Lays chips, including cases seeking damages of ₹1.05 crore each from small farmers. “PepsiCo must apologise to the farmers for filing false lawsuits against them,” said Anand Yagnik, a lawyer who represented four of the farmers, speaking to journalists in Ahmedabad. …

Chips at stake in the PepsiCo-farmers fight
5 years, 8 months ago

Chips at stake in the PepsiCo-farmers fight

The Hindu  

The story so far: A David versus Goliath story has played out in Gujarat over the last month, with food and beverages giant PepsiCo dragging potato farmers to court for allegedly growing its registered potato variety used to make ‘Lays’ chips. Four small farmers from Sabarkantha district were sued ₹1.05 crore each, although they cite a law allowing them to …

Gujarat govt offers to play the umpire; suggests PepsiCo India make it a party to contracts with potato farmers
5 years, 8 months ago

Gujarat govt offers to play the umpire; suggests PepsiCo India make it a party to contracts with potato farmers

Firstpost  

Realising it was losing the battle of perceptions, PepsiCo accepted the face-saver of a negotiated settlement which the Gujarat government offered. The Gujarat government “wants the best possible deal for farmers” and has told PepsiCo India it can play the ‘umpire’ in its contract farming arrangement with potato farmers, Gujarat’s Chief Secretary J N Singh said. PepsiCo India had offered …

Activists want PepsiCo to compensate farmers for harassment
5 years, 8 months ago

Activists want PepsiCo to compensate farmers for harassment

India Today  

A day after PepsiCo announced that it would withdraw cases filed against the potato farmers in Gujarat, activists and farmer leaders on Friday said the company must do it unconditionally and also pay a compensation to the cultivators for causing "harassment. Agitated by PepsiCo's earlier decision to sue potato growing farmers for allegedly growing a variety of potato registered by …

Farmers hold protest in front of PepsiCo plant in Guntur
5 years, 8 months ago

Farmers hold protest in front of PepsiCo plant in Guntur

The Hindu  

Farmers led by Nallamada Rythu Sangham on Thursday staged a sit-in in front of multinational PepsiCo plant at Tummalapalem village in Guntur district demanding immediate withdrawal of cases slapped by the company against farmers in Gujarat. PepsiCo has sued farmers in Gujarat asking them to pay ₹1.05 crore each as damages for ‘infringing its rights’ by growing the potato variety …

Gujarat government backs potato farmers in PepsiCo case
5 years, 8 months ago

Gujarat government backs potato farmers in PepsiCo case

The Quint  

Ahmedabad, April 28 The Gujarat government has decided to back the nine potato farmers locked in a legal battle with food and beverages giant PepsiCo after the latter dragged them to court for growing a potato variety which it claimed was its registered product. A day after senior Congress leader Ahmed Patel stated that the state could not keep "its …

Ahmed Patel urges Gujarat to intervene in interest of farmers
5 years, 8 months ago

Ahmed Patel urges Gujarat to intervene in interest of farmers

The Quint  

New Delhi, April 27 Congress leader Ahmed Patel on Saturday called upon the BJP government in Gujarat to intervene in the interest of farmers in court case filed by Pepsico, saying that "corporate interest cannot dictate what our farmers must or mustnt cultivate." In a tweet, Patel said that Pepsi's decision to take Gujarat's potato grower farmers to court is …

Gujarat govt. to back potato farmers in PepsiCo fight
5 years, 8 months ago

Gujarat govt. to back potato farmers in PepsiCo fight

The Hindu  

With protests coming from all ends of the political spectrum, the Gujarat government has decided to back four potato farmers in their fight against PepsiCo’s ₹4.2 crore lawsuit against them for allegedly infringing its rights by growing the potato used in Lays chips. State will join A senior official told The Hindu that the State government will join the ongoing …

Now, PepsiCo offers to settle case against Gujarat potato farmers
5 years, 8 months ago

Now, PepsiCo offers to settle case against Gujarat potato farmers

The Hindu  

In the wake of criticism over its ₹4.2 crore lawsuit against four Gujarati potato farmers, food and beverages giant PepsiCo has offered to settle the case if the farmers stop growing the registered potato variety used in its Lays chips. In an Ahmedabad civil court on Friday, PepsiCo’s lawyer offered a settlement on these terms: the farmers must give an …

Potato farmers cry foul as PepsiCo sues them
5 years, 8 months ago

Potato farmers cry foul as PepsiCo sues them

The Hindu  

Just days after multi-billion dollar conglomerate PepsiCo sued four Gujarati farmers, asking them to pay ₹1.05 crore each as damages for ‘infringing its rights’ by growing the potato variety used in its Lays chips, farmers groups have launched a campaign calling for government intervention. Warning that the case could set a precedent for other crops, farmers groups are pointing out …

Discover Related