DELHI HIGH COURT UPHOLDS REVOCATION OF REGISTRATION OF PEPSICO INDIA FOR POTATO VARIETY USED IN LAY'S CHIPS

The Delhi High Court in the case Pepsico India Holdings Pvt.Ltd v. Kavitha Kuruganti observed and has upheld the order passed by the Protection of Plant Varieties and Farmers Rights Authority wherein it revoked the registration of Pepsico India’s with respect to the potato variety used for making Lay’s chips.

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The bench of Justice Navin Chawla in the case observed and has dismissed the appeal moved by the PepsiCo India Holdings Private Limited wherein it challenged the order of the Authority’s passed last year on December 03 on an application filed by Kavitha Kurungati, who being the farmers’ rights activist.

The court in the case observed and has upheld the letter of Authority dated 11.02.2022, wherein the court rejected the application of PepsiCo’s for renewal of its registration.

Therefore, the said authority in the case observed and had denied the relief to PepsiCo on various grounds which are mentioned under section 34 of Plant Varieties and Farmers’ Rights Act, 2001. Thus, the said provision stated that the protection granted toa breeder in respect of a plant variety may, on an application of any person interested needs to be revoked by the Authority on certain grounds.