PepsiCo Faces Setback As Delhi HC Rejects Appeal On Potato Patent Revocation

The Delhi High Court has dismissed PepsiCo Inc’s appeal against the revocation of a patent for a potato variety exclusively grown for their popular Lay’s potato chips.

The Protection of Plant Varieties and Farmers’ Rights Authority in 2021 revoked intellectual property protection, citing that India’s regulations do not permit patents on seed varieties.

The authority took this action following a petition by farmers’ rights activist Kavitha Kuruganti, arguing against PepsiCo’s claim of patenting a seed variety.

PepsiCo challenged the revocation in the Delhi High Court, but Judge Navin Chawla dismissed their appeal in a ruling dated July 5.

A PepsiCo India spokesperson stated in a statement that, “We are aware of the order … and are in the process of reviewing the same.”

The company claims to have exclusively developed and registered the FC5 variety, which has specific characteristics suitable for making snacks like potato chips.

The court’s decision didn’t find any violation of public interest by PepsiCo. Notably, PepsiCo previously sued Indian farmers for cultivating the FC5 potato variety, but later withdrew the lawsuits.

In a statement, Ms Kuruganti stated that, “It is good that the judgement of Justice Navin Chawla upheld the revocation order.”

It is worth mentioning that Monsanto, now owned by Bayer AG, also faced patent infringement issues in India and subsequently withdrew from certain business activities after a prolonged intellectual property dispute.