Delhi High Court

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.

Meera Verma

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

3 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

4 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

4 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

5 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

5 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

5 hours ago