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.

- Ad - - 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the National Gene Fund the costs of legal suits that the farmers are having to face, until the time that the cases are withdrawn by PepsiCo.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”.
Help Opindia Reach Every Indian. Share This Post
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.


Big Story

Strange rumours are coming out of Kashmir. Shah Faesal, supposedly, is Doval's stooge.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

To Advertise on Opindia.com Click here

Here is why Prannoy Roy and Radhika Roy were stopped at the airport and were not allowed to leave the country

Radhika and Prannoy Roy of NDTV have said that they were not allowed to leave the country because of a concocted ICICI loan case. Read about that case in details

The Zomato controversy: Their business plan, the dispute and a dark tale of greed, exploitation and fear

The controversy stems from deep discounting, favouritism, monopolistic trade practices amongst others, creating a rift between the delivery platforms like Zomato and Restaurateurs

Is Shah Faesal Ajit Doval’s asset? Unlikely, Swati Chaturvedi may be unwittingly helping the central government

Strange rumours are coming out of Kashmir. Shah Faesal, supposedly, is Doval's stooge.

Akali Dal leader Manjinder Sirsa accuses filmmaker Anurag Kashyap of deliberately disrespecting Sikhs in season 2 of Netflix’s Sacred Games

Anurag Kashyap, the newfound cultural hero of the ultra-left wing, has a long history of abusing people and resorting to fake news on social media. 

Viral video showing Pakistanis slaughtering cow on Indian flag is real, but it is old

The video showing Pakistanis slaughtering cow on Indian flag is from February 2019

You are a glorified broker who takes all the credit for our product: Restaurateur rips Zomato apart in an open letter

'You are merely a delivery agency. It is not your product. Just do your job and deliver the food', restaurant owner writes to Zomato

Blast from the past: These past tweets of Kashmiri politicians daring PM Modi to scrap Article 370 are amusing

With today's proposal of revoking Article 370, Kashmir, which had riders attached to it, is now part of India without any conditions.
P Chidambaram is evading CBI arrest after the courts rejected his anticipatory bail plea

After Delhi HC denied his anticipatory bail, Congress leader P Chidambaram goes into hiding, gives CBI the slip

P Chidambaram is accused of financial irregularities and misuse of power in the INX Media scam

NDTV is full of nepotism, favouritism – Nitin Gokhale reveals why he left NDTV

For the first, time, Gokhale reveals the inner workings of NDTV
Subscribe to Day's Top Stories
[newsletter_form type="minimal"]
- Advertisment -

Latest articles

Connect with us

180,905FansLike
171,143FollowersFollow
89,759SubscribersSubscribe
Help Opindia Reach Every Indian. Share This Post