Recently, American multinational corporation PepsiCo sued 11 Gujarati farmers for ‘infringing its Intellectual Property Right by growing the potato variety, FL 2027, which is used in its Lay’s chips.
Background
The company had applied for the registration of two hybrid potato varieties FL 1867 and FL 2027 in February 2011. These varieties were registered under the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA) in February 2016 for a period of 15 years. This entitled PepsiCo an exclusive right over the registered variety.
PepsiCo’s Views and Claims
Section 28 of the Act provides PepsiCo exclusive right to produce the variety and it had invoked Section 64 of the PPV&FR Act to claim infringement of its rights.
The section prohibits anyone other than the breeder of seeds or a registered licensee of that variety to sell, export, import or produces such variety.
Farmer’s Claim
Farmers cited Section 39 of the PPV&FR Act that protects farmer’s right to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act, except selling of branded seed of a variety protected under this Act.
Criticism of PepsiCo’s Claim
Rights on a patented seed differ from country to country. In the US, if someone has patented a seed, no other farmer can grow it.
International Framework Regarding IPR
The dominant framework of international intellectual property (IP) law i.e. TRIPS (Trade Related Aspects of Intellectual Property Rights) and the UPOV (Union for the Protection of Plant Varieties), gives plant breeders exclusive rights over the varieties they develop, and mostly disregards customary rights of indigenous and farming communities to their genetic resources and associated knowledge.
Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001
PPV&FR Act was enacted in 2001, in conformity with International Union for the Protection of New Varieties of Plants (UPOV), 1978.
Different Rights Guaranteed under the Act
Farmer’s Rights
Breeder’s Rights
Researcher’s Rights
Measures India should take to Prevent Future Mishaps
Educating Farmers: Farmers must be educated about various agricultural perspectives and must be encouraged with proper incentive structures in order to strengthen their position.
Way Forward
It must be a wake-up call for the government and policymakers, who need to do much more to secure sustainable rural societies, protect soil health and promote seed sovereignty for the economic development of Indian farmers and of the entire nation.