Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
Pepsi Co – Lay’s Potato chips – Cancellation of Registration of Potato variety – Section 34 of the Protection of Plant Varieties and Farmers Rights Act, 2001
On 18.2.2011, the PepsiCo applied for registration of FL 2027 as “new variety” and date of first commercial sale was shown as “17.12.2009”. The application proceeded on the basis of Assignment Deed dated 26.9.2003 in which the original breeder Dr.Robert Hoopes is stated to have assigned all the rights in the subject plant variety in favour of Recot Inc., incorporated in State of Delaware, USA.
On 16.2.2012, the Company submitted revised application.
On 14.6.2012, the Registrar informed the Company that the application would be considered under the “extant” category for registration.
On 1.2.2016, the Certificate of Registration was given.
On 17.6.2019, the respondent filed revocation application alleging that the registration was based on incorrect information and granted to ineligible person, non-compliance with the Act / Rules / Regulations and it was not in public interest.
By the order dated 3.12.2021, the Authority revoked the registration on various grounds. The learned Single Judge of the High Court of Delhi had upheld the said order.
In Appeal, the Division Bench held that –
Section 34 can be invoked only in situations where registration is found inconsistent with protection accorded by the Act or a plant variety is otherwise ineligible. The expressions “incorrect information” or “non-compliance of provisions of the Act” are to be construed in the said context.
Landmark Judgment dated 9.1.2024 of the Bombay High Court – To my mind, this judgment will have ramifications on the plant varieties protection and farmers rights.
Protection of Plant Varieties and Farmers Rights Act, 2001 – Potata Variety
Judgment dated 9.1.2024 in LPA No.590 of 2023 & CM Appl.42282 of 2023 of Pepsico India Holdings Pvt Ltd Vs. Kavitha Kuruganti with connected matter.
