The Protection of Plant Varieties and Farmers Rights’ Authority (PPV&FRA) has revoked the patent rights granted to PepsiCo’s potato variety.
- The PPV&FRA questioned the documentation produced by PepsiCo claiming it was the owner of the potato variety-FL-2027, and thus could be considered the Registered Breeder under the law.
- The potato variety was grown by about 12,000 farmers with whom the PepsiCo had an exclusive contract to sell seeds and buy back their produce.
- This variety is used for making Lays potato chips.
- In 2016, the company had registered the variety under the PPV&FR Act, 2001.
- Alleging that farmers who were not part of its “collaborative farming programme” were also growing and selling this variety in Gujarat, the company had filed rights infringement cases against nine farmers.
Protection of Plant Varieties and Farmers’ Rights Authority
- In order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants, the Protection of Plant Varieties and Farmers’ Rights Act, 2001 has been enacted in India.
- For the purposes of this Act, Protection of Plant Varieties and Farmers’ Rights Authority has been established and is located in New Delhi.
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