The Delhi High Court on Tuesday reversed an earlier verdict and ruled in favour of PepsiCo, enabling the firm to claim a patent for the potato type developed solely for its Lay’s potato chips.
A division bench overturned a July 2023 judgement that affirmed the termination of the patent by the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Authority in 2021.
It disregarded farmers’ rights campaigner Kavitha Kuruganti’s claims that PepsiCo should not be given a patent on a potato seed type.
“The appeal of PepsiCo is allowed,” it stated, setting aside the Authority’s ruling and letter and requiring the restoration of PepsiCo’s renewal application to be processed by the Registrar under the law.
The court also dismissed Kuruganti’s claim that PepsiCo acted against the public interest by suing farmers. It pointed out that the respondent failed to demonstrate that the litigation was vexatious or part of PepsiCo’s predatory methods.
In 2019, PepsiCo sued Indian farmers for farming the FC5 potato cultivar, claiming patent infringement. The firm eventually dropped the lawsuit, but in December 2021, the PPV&FR cancelled its varietal registration certificate.
