India revoked patent for FC5 Potato Variety | Lay's potato chips | PPVFR Authority | Patent removed from potato variety of Lays chips, now any farmer can grow it | NewsBust India revoked patent for FC5 Potato Variety | Lay's potato chips | PPVFR Authority | Patent removed from potato variety of Lays chips, now any farmer can grow it | NewsBust

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India revoked patent for FC5 Potato Variety | Lay’s potato chips | PPVFR Authority | Patent removed from potato variety of Lays chips, now any farmer can grow it

By Amit - December 3, 2021

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  • India Revoked Patent For FC5 Potato Variety | Lay’s Potato Chips | PPVFR Authority

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India has revoked a patent on the FC5 variety of potatoes used to make PepsiCo’s popular Lays chips. These potatoes have low moisture content, hence are considered good for making chips. According to media reports, the Protection of Plant Varieties and Farmers’ Rights (PPVFR) authority issued orders regarding this on Friday.

PepsiCo filed suit against farmers
In 2019, PepsiCo sued some farmers in Gujarat for cultivating these potatoes. However, withdrawing the lawsuits the same year, the New York-based company said it wanted to settle the issue amicably.

Petition was filed for removal of patent
Later, farmers’ rights activist Kavita Kuruganti petitioned the PPVFR authority to cancel the intellectual property rights granted to PepsiCo for the FC5 variety of potatoes. In this, he said that the government’s rules do not allow patents on the seed variety.

Patent claim on seed variety not true
The PPVFR authority agreed with Kuruganti’s contention that Pepsi cannot claim a patent on a seed variety. The Authority’s Chairman V Prabhu said in the order that the ‘Certificate of Registration … stands canceled with immediate effect’.

PepsiCo reviewing order
A PepsiCo India spokesperson said, “We are in the process of reviewing the order passed by the PPVFR Authority. PepsiCo said it developed the FC5 variety of potato, and registered it in 2016.

Established its first plant in India in 1989
The company established its first potato chips plant in India in 1989. She supplies FC5 seed to a group of farmers. The farmers in turn sell their produce to the company at a fixed price.

Farmers called it the victory of the producers
Appreciating the decision of the PPVFR authority, the potato farmers of Gujarat called it a victory for the growers. Bipin Patel, a farmer said, ‘The order is a big victory for the farmers of India, and tells their right to cultivate any crop.’

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