PepsiCo India had a setback as the plant variety protection authority, PPV & FR, revoked its varietal registration certificate which was granted to the food and beverages major for a potato variety called “FL-2027” in the country.
To this, PepsiCo said that now it is in the process of reviewing the order passed by the Protection of Plant Varieties and Farmers’ Rights (PPV & FR) Authority. PPV & FR is a statutory body set up under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.
The authority’s ruling came over a petition filed by farm activist Kavitha Kuruganti, contending that the grant of the certificate of registration to PepsiCo India was based on incorrect information furnished by it. She has also said that the intellectual property rights (IPR) granted to PepsiCo India on a potato variety was not as per the provisions laid down for registration and was against the public interest.
Furthermore, the certificate of registration has been granted to a person who is not eligible for protection under the Act, and the breeder (PepsiCo) did not provide the Registrar with such information, documents, or materials as required, as per her petition. PPV & FR has consented to Kuruganti’s submission and said the grant of the certificate of registration was based on “incorrect information” furnished by the applicant.
Accordingly, the certificate of registration dated February 1, 2016 granted by the Registrar in favour of the Registered Breeder, that is, PepsiCo, in respect of the potato variety with the denomination FL 2027 is hereby revoked with immediate effect,” the authorities said in its 79-page ruling.
In its judgment, PPV & FR has also come down heavily on the registrar, saying that “the registrar, being protector of farmers’ rights, violated the rules and this has caused hardship to farmers and others.” “This is totally unacceptable,” it added.
The authority directed the registrar to develop a standardised sheet for the evaluation of applications for registration of plant varieties in accordance with the Act, rules, and regulations. “The registrar may also constitute a committee and submit a detailed report on how to avoid such instances in the future,” the order said.
To this directive, a PepsiCo spokesperson said: “We are aware of the order passed by the PPVFR Authority and are in the process of reviewing the same.” Hence, at this moment, it would be premature to offer any detailed comments. “
Earlier, PepsiCo India had used the certificate on the FL-2027 potato variety to sue farmers in Gujarat in 2018 and 2019. In a statement, Kuruganti described the judgement as historic and said it upholds farmers’ seed freedoms as contained in the PPV & FR Act. PepsiCo’s action against farmers was based on a non-existent exclusive right that it claims to have obtained against Indian farmers.
The Indian legislation is unambiguous that farmers have over-arching rights over what seed they can plant as well as what they are entitled to do with their produce from any variety, including seed of registered variety. The only condition is that farmers should not sell seed of protected varieties in a branded fashion.