Home Law PepsiCo sues potato farmers for growing the variety used for Lays Chips

PepsiCo sues potato farmers for growing the variety used for Lays Chips

The Gujarat Khedut Samaj and several activists are standing firm behind the farmers. The Khedut Samaj has claimed that PepsiCo cannot claim intellectual property rights over the FC-5 used in its branded chips.

The multinational company, Pepsico, has sued 9 potato farmers for growing and selling a potato variety used in the Lay’s chips. The case would be heard in a court in Ahmedabad on April 26.

As per reports, in the litigation filed by Pepsico, they claimed, “This was done to protect our rights and safeguard the larger interest of farmers that are engaged with us and who are using and benefitting from seeds of our registered variety.” The company is suing 9 farmers of Gujarat in the case.

Farmer activists, on the other hand, approached the agriculture and farmers welfare ministry on Thursday to publicly support the farmer’s rights under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001 and to immediately withdraw cases filed by PepsiCo India Holdings. They accused Pepsico of intimidating the farmers and infringing upon the rights of small farmers.

- Advertisement - - Article resumes -

PepsiCo claims to have obtained the exclusive rights over a potato variety called FC-5.

In a letter sent to Ministry, the activists have said that the farmers have every right to produce and sell a protected variety of seeds and that Pepsico can’t claim intellectual property right on it. The letter also sought funds from the government.

“Provide from the National Gene Fund the costs of legal suits that the farmers are having to face, until the time that the cases are withdrawn by PepsiCo. Issue a notification that no company can trespass into a farmer’s field without due intimation of the local district agriculture office and the farmer’s prior informed consent,” it said.

Farmers cite the Section 39 of the PPV&FR Act, 2001 which reportedly says that a farmer is allowed “To save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under the Act” so long as he does not sell “branded seed”. On the other hand, Pepsico claims that its rights were being infringed upon by citing Section 64 of the same Act.

The President of Gujarat Khedut Samaj, Jayesh Patel said that in the previous year, Pepsico had a contract-farming agreement for producing a particular potato variety. The farmers had used the potatoes that were rejected by the company, as substandard produce, as seeds to grow their own produce this year. The company is suing them for this and seeks royalty from them.

Badribhai Joshi of the Gujarat Khedut Samaj said “These are among the first cases of alleged IPR infringement against farmers in India in a post-WTO world. Wrongly decided, these could set a wrong precedent impacting farmers’ livelihoods quite adversely”.
Share This Post With Your Friends & Fans:
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Don't Miss This: EVM Lies & The Truth

Opindia's dedicated collection of all the EVM hacking allegations, lies and truth

Most read articles recently

Here is what may have triggered Rajdeep Sardesai’s own colleague slamming him for being a pliant journalist

Anjana Om Kashyap, one of the Editors of Aaj Tak who conducted that interview interestingly took to Twitter today to castigate what appears to be her colleague, Rajdeep Sardesai.

Read this before you believe the ABP-Nielsen Exit Poll that gave NDA only 277 while others gave a thumping majority

While all other polls were giving a thumping majority to BJP and NDA, Nielsen chose to "customise" their survey and simply delete voter responses were overwhelmingly in favour of BJP.
Ravish Kumar has a mental breakdown as BJP set to form a government at centre, according to exit polls

NDTV journalist Ravish Kumar has a prolonged meltdown on his show after the Exit Polls predicted a landslide BJP victory

Most of the Exit Polls suggested that BJP may be well placed to form another government at the centre

After Anjana Om Kashyap, now Shweta Singh calls out Rajdeep Sardesai’s bias among others

Sweta Singh has called out the blatant bias in the Left media and even Rajdeep Sardesai among others.

IIT graduate and an IAS officer explains in detail why EVMs can’t be ‘hacked’ or ‘tampered’ with

Bhavesh Mishra, IAS 2015 batch, B.Tech IIT Delhi, on Quora gave a detailed explanation regarding why EVMs cannot be 'hacked' or 'tampered' with.

Congress must die: Expelled AAP leader and Swaraj India President Yogendra Yadav

Yogendra Yadav said Congress is single biggest obstacle for creating an alternative
Congress has a number of excuses lined for their predicted loss, all of them contradict each other

Congress’ new excuse for predicted loss: North Indian voters are not as educated as South Indians

Congress spokesperson Shama Mohammad stated that the reason of Congress' bad performance in North Indian states is that the people in North Indian states are 'pliable' and they are not educated like the people in the south.

Meet Ashok Lavasa: A man surrounded by many controversies, going back to the CWG scam

Election commissioner Ashok Lavasa had kicked up a storm earlier after he alleged that he did not agree with the ECI decisions to clear PM Modi and Amit Shah of charges of violating the MCC
Subscribe to Day's Top Stories

Latest articles

Connect with us

163,862FansLike
139,868FollowersFollow
63,796SubscribersSubscribe

Don't miss these

Share This Post With Your Friends & Fans: