Legal issues

The Delhi High Court on Tuesday ruled that PepsiCo can claim a patent for the potato variety grown for its potato chips.

The potato variety FL-2027 (commercial name FC-5) used for the production of potato chips was registered by PepsiCo India Holdings in India and the registration was granted in February 2016 under the Protection of Plant Varieties and Farmers’ Rights Act, 2001, but the registration was revoked in 2021.

India has revoked a patent for a potato variety grown exclusively for PepsiCo Inc's popular Lay's potato chips, according to an order issued on Friday by the Protection of Plant Varieties and Farmers' Rights (PPVFR) Authority.

Farmers' rights activists on Tuesday planted FL-2027 seed potatoes on a plot of farmland in Ahmedabad, Gujarat to protest food and beverages major PepsiCo's reassertion of rights over the variety.

Indian Farmers’ movements have decided to put up a fight to ensure that farmers’ seed freedoms are not violated in any way. Many speakers also also felt that PepsiCo India should pay compensation to the Gujarat potato farmers involved.

The legal battle between a number of potato farmers in Gujarat accused of illegally growing a proprietary variety and food and beverage manufacturer PepsiCo India may be headed for an out-of-court settlement.

Leading farmers unions and rights advocacy groups have demanded that the PepsiCo immediately withdraw all legal suits it has slapped on many potato farmers in different districts of Gujarat.

PepsiCo has sued three potato farmers in Gujarat complaining that they have been illegally growing and selling a variety of potato exclusively registered to Pepsico for the use of producing its Lays potato chips.

In the Indian State of Assam ten onion- and potato retailers have been arrested because they charged a price for their vegetables above the legal limit.