Sun. May 5th, 2024

Delhi High Court recently upheld the decision made by made by Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) regarding the revocation of PepsiCo India’s intellectual property protection for a potato variety (FL 2027).

PPVFRA

  • The PPVFRA is an organization responsible for safeguarding the rights of plant breeders and farmers in India.
  • It is an authority established under the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001.
  • The PPVFRA plays a crucial role in granting intellectual property protection to plant varieties and ensuring the rights of breeders and farmers are upheld.
  • It reviews applications for plant variety registration, conducts examinations, and grants certificates of registration to eligible applicants.
  • The authority also has the power to revoke or cancel the registration of plant varieties if deemed necessary.

FL 2027 Variety

  • FL 2027 is a potato variety developed by Robert W Hoopes at Frito-Lay Agricultural Research. It is specifically bred for chip production by PepsiCo’s Lay’s brand.
  • FL 2027 is an ideal potato variety for chip manufacturing due to its high dry matter, low sugar content, and lower moisture content.
  • These qualities minimize dehydration and energy costs during processing while reducing the risk of blackening when fried.

Case

  • PepsiCo India Holdings was granted a certificate of registration for FL 2027 as an “extant variety” on February 1, 2016 by PPVFRA.
  • It implied that during the validity period, nobody else could commercially produce, sell, market, distribute, import or export it without the breeder’s authorization.
  • This period was 6 years from the date of registration and extendable up to 15 years.
  • However, PepsiCo in its 2012 application had sought the registration of FL 2027 as a “new variety” which due to failing to meet certain criteria was rejected.

Criteria for a “new variety” of Plant

  • A “new variety” has to conform to the criterion of novelty – the propagated or harvested material from it should not have been sold in India earlier than one year before the date of filing the application for registration.
  • FL 2027 variety could satisfy only the criteria of distinctiveness, uniformity and stability, but not novelty.

Reasons for the Registration Revocation

  • PepsiCo had also provided an incorrect first date of commercialization of the variety (17 Dec 2009), when it was already commercialized in 2002 in Chile.
  • Hence, PPVFRA revoked the protection in December 2021 and rejected PepsiCo’s application for renewal in February 2022. It also made it clear that India’s rules do not allow a patent on seed varieties.
  • PepsiCo challenged PPVFRA’s decision in the Delhi HC.

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