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2026 Agriculture farmer Latest Legal plant variety Protection of Plant Varieties and Farmers' Rights Act 2001 Supreme Court

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August 11, 2026 legaldeli

Order dated 6.8.2026 of the Supreme Court of India in SLP (Civil) Nos.10320-10321 of 2024 of Kavitha Kuruganti Vs. PepsiCo India Holdings Pvt Ltd

first respondent applied for registration under the Protection of Plant Varieties and Farmers’ Rights Act, 20011, describing FL 2027 as a new variety seed with the date of first commercial sale indicated to be 17.12.2009; based on an Assignment Deed dated 26.09.2003 by the original breeder, to a company in the United States of America, which is an affiliate of the first respondent.

Section 34 of the Act for revocation of the order.

The petitioner canvassing the rights of the individual farmers, approached the authority for revocation of the registration order.

Section 39(1)(iv) Farmers’ Rights

dispute concerned the registration of the potato variety FL 2027 (FC-5) by PepsiCo under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act). Kavitha Kuruganti, advocating farmers’ rights, had sought revocation of the registration under Section 34 of the Act. The Delhi High Court had partly upheld PepsiCo’s challenge to the revocation order, leading to the present SLP

“39. Farmers’ rights. —(1) Notwithstanding anything contained in this Act, — (iv) a farmer shall be deemed to be entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act: Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act.”

considering the fact that the petitioner is not agitating a personal cause and is attempting to protect the interest of the farmers, we only make it clear that any individual farmer who claims protection under Section 39(1)(iv) of the Act, would be entitled to do so in any proceeding initiated by the first respondent and prove that they come under its cover.

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