Form of words:
New Delhi: PepsiCo India has lost the rights to the FC5 potato variety grown exclusively for its popular Lay’s potato chips.
On Friday, KV Prabhu, Chairman, Plant Varieties and Farmers Rights Authority (PPVFRA), passed an order in New Delhi, canceling the PVP (Plant Variety Protection) certificate granted to PepsiCo (India) Holdings Pvt Ltd. Ltd. FC5 for potatoes.
PPVFRA has been established under the Plant Varieties and Farmers’ Rights Act 2001.
The authority noted that the registration for FC5 was granted to PepsiCo India despite the fact that it had not submitted several documents at the time of registration. It further pointed out several discrepancies in the process of granting registration, and highlighted the “difficulty” faced by farmers.
The order came on an application filed by Kavita Kuruganti, convener of Alliance for Sustainable and Holistic Agriculture, seeking cancellation of the food giant’s registration. Immediately after the order was passed, Kurugantik tweeted That it would “prevent any other seed or food company from infringing on the seed freedom of farmers legally granted in India”.
“The matter is a test case when it comes to the handling of progressive provisions in India’s unique law,” he said.
This should prevent any other seed or food company from violating the seed freedom of farmers legally granted in India
This case is a +V test case when it comes to the handling of progressive provisions in India’s unique law-first section. 34 is used as
— Kavita Kuruganti (@kkuruganti) 3 December 2021
Here’s a look at why this potato variety is special, and why the authority has now deregistered PepsiCo.
Low moisture content in potatoes
The FC5 variety, registered as FL2027 in the US, has 5 percent less moisture than other varieties. With 80 percent moisture, compared to the typical 85 percent, this variety is considered more suitable for processing and therefore for making snacks such as potato chips.
Teathat was the kind first cultivation Dr. Robert W. By Whoops, who has the most potato patents and potato variety protections in the whole world. He was hired by the Frito-Lay Company (a US subsidiary of PepsiCo) in 1987 as a Principal Scientist/Potato Breeder at the Research Center, US.
He then developed potato varieties better in taste and colour, disease resistant. Many of their varieties are grown around the world for PepsiCo’s famous potato chips.
became FL2027 Lodged Placed for commercial use in the US in 2005 and in India in 2009, a . According to quartz report good, PepsiCo then gave licenses to some farmers in Punjab to grow this variety on the buyback system. This arrangement allows the company to procure all the produce from these farmers at pre-determined rates.
PepsiCo had applied for potato variety registration in India in June 2011. It was awarded in 2016.
hot potato case
In April 2019, PepsiCo sued Nine farmers from Gujarat have accused them of violating Intellectual Property Rights (IPR) by cultivating the same variety of potato. It sought over Rs 1 crore each from farmers for alleged patent infringement under the Plant Varieties and Protection of Farmers’ Rights Act, 2001.
Farmers and political parties alike reacted to IPR violations. However, PepsiCo soon Has taken back The suit “after discussion with the government”. In a statement, it said it was “relying on the said discussions to find a long-term and amicable solution to all the issues surrounding seed conservation”.
Kuruganti filed an application for cancellation of certification in June 2019, concerned about the impact of the registered variety on farmers’ livelihoods. It sought repeal on a number of grounds, including incorrect information provided by PepsiCo, and alleged that the grant of protection was not in the public interest.
Read also: Six reasons why potatoes are good for you
Farmers’ rights are greater than PepsiCo’s, says petition
Among other things, Kuruganti claimed that PepsiCo had violated the 2001 law by suing the farmers.
The law lists farmers’ rights, stating that “a farmer shall have the right to save, use, sow, re-sow, exchange, share or sell his agricultural produce, including seed of a variety protected under this Act.” shall be deemed to be entitled. He was entitled before the commencement of this Act”.
According to the PPVFRA order, Kuruganti said that by suing the farmers, PepsiCo had violated this right and “violates the rights of the farmers given to the breeder (PepsiCo in this case).” Additionally, it also alleged that the registration was against public interest as PepsiCo had “harassed them (farmers) by filing violation cases against them.”
He also pointed out that the required documents were not submitted at the time of registration. For example, while Dr. Hoops was shown to be the breeder of the variety, the application for registration was filed by Recot Inc., which later changed to Frito-Lay North America (FLNA). However, only an unsampled assignment deed was submitted between Hoops and FLNA, and no assignment deed was submitted between FLNA and PepsiCo India.
PepsiCo claimed there was an oral assignment between it and the FLNA, a submission that was rejected by the authority. PepsiCo India and FLNA both are PepsiCo, Inc. are associates.
‘Farmers’ troubles’
In its order, the authority also noted discrepancies in the date of first sale of the variety disclosed by PepsiCo.
“There is no doubt in the claim of the revocation applicant (Kuruganti) that many farmers have been put in hardship, including the prospect of paying hefty fines for the alleged violation, which ultimately did not take place as on date, simply because Without a valid breeder or his successor and the breeder’s assignee of the potato variety FL 2027, the registered breeder (PepsiCo) exercised its plant breeder’s right to sue the farmers for infringement (although this was later withdrawn in) the fact that they have been put in hardship. It violates public interest,” the order stressed.
The Authority also stated that the registrar in this case “was merely a cursory glance through the information document provided to the applicant (PepsiCo) in response to its own query while admitting incomplete or clearly incorrect documents”. .
“The Registry and the Authority have a number of lessons to be learned from the matter as brought out above, so that neither the plant breeders get the right to experiment on the varieties bred by them by registering the Authority, nor the user- Farmers, who, in turn, are equally entitled to protect the rights of their proper farmers, so that their livelihoods are not unnecessarily endangered, as denied to them on the registered plant varieties.” It was seen.
(Edited by Amit Upadhyay)
Read also: ADB report says that UP’s agricultural economy can be changed by potato, mango, guava, gram, mustard
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