PepsiCo's Potato Patent Appeal Rejected by Delhi High Court, Upholding PPVFRA Decision

In a significant legal setback for PepsiCo, the Delhi High Court has upheld the revocation of the American food and beverage giant's patent on the FL 2027 potato variety. This decision further cements the Indian Protection of Plant Varieties and Farmers’ Rights Authority's earlier stance, adding new facets to ongoing debates surrounding plant variety protection and corporate responsibility.

The Indian high court said that any protection given for a plant variety is granted on certain terms and contingent on the applicant’s complete disclosure of the claimed invention or development of a particular item. Thus, the court stands firm on the earlier decision to revoke PepsiCo’s plant rights. The dismissal of the appeal only added a new depth to the ongoing talks about plant variety protection and corporate responsibilities.

The original order was handed down by the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) last week. The organization voided the intellectual property protection that was granted to PepsiCo India Holdings Pvt. Ltd relating to a certain potato variety that it has been claiming to have developed.

The Indian Express reported that it is bout the FL 2027 potato variety that PepsiCo is using to produce its potato chips products. The said potato was described to have low sugar content and contain high dry matter, so this variety is better suited for the production of chips. Now, the PPVFRA in India revoked the company’s IP on the FL 2027 on Dec. 3, 2021.

As per India CSR, although the Delhi HC upheld the revocation of PepsiCo’s registration, the dismissal of the ‘public interest’ argument by the judges considerably impacted the debate or talks pertaining to the plant variety protection. This is because the decision brought up a new perspective on the rights approved under the PPVFRA.

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