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Delhi HC’s Ruling on PepsiCo’s Patent Claim for Potato Variety (FL 2027) under PPVFR Act

Why is it in the news?

  • PepsiCo appealed under the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001 against the PPVFR Authority’s order revoking registration for the potato variety FL 2027.

More about the news

  • FL 2027 is a specialized potato variety cultivated exclusively for PepsiCo’s chips, known for its low external defects.
  • It exhibits high dry matter and solids content, along with stable sugars, making it particularly suitable for chip manufacturing.
About PPVFR Act

·       India enacted the PPVFR Act to fulfil its obligation under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO). This agreement mandates the provision of protection to new plant varieties.

·       To be eligible for registration under the PPVFR Act, a plant variety must meet the criteria of Distinctiveness, Uniformity, and Stability (DUS).

·       Involves the registration and protection of new varieties, farmers’ variety, and extant variety.

·       Rewards are provided for the conservation of plant genetic resources.

·       Researchers have the right to use any registered variety for experimental purposes.

·       Breeders enjoy exclusive rights to produce, sell, import, or export the registered variety.

PPVFR Authority

·       Established in 2005 as a statutory body under the PPVFR Act.

·       Operates under the Ministry of Agriculture and Farmers Welfare.

·       Functions include the registration of new plant varieties, rewarding farmers for conservation efforts related to plant genetic resources, and maintaining the national register of plant varieties and the national gene bank.

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