New Delhi: Delhi High Court Wednesday dismissed PepsiCo Inc’s appeal against an order that nullify the company’s patent on FC5 potato variety seed grown exclusively for the New-York based company’s popular snack; Lay’s potato chips

The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Authority in 2021 nullified intellectual protection granted to PepsiCo’s FC5 potato variety, and said that Indian rules do not allow patents on seed varieties.

Delhi High Court Judge Navin Chawla rejected the America-based snack giant’s appeal that requested to repeal the authority’s decision.

The patent cover for PepsiCo was removed by the authority after Kavitha Kuruganti, a farmers’ rights activist, argued that the company should not be allowed to possess a claim over a seed variety.

Meanwhile, PepsiCo submitted a petition at the Delhi High Court against the revocation of the patent cover.

In a statement, PepsiCo India’s Spokesperson said that they were aware of the order and in the process of reviewing the same.

US-based snacks and drinks company supplies the FC5 seed variety to a bunch of farmers, who in return sell their produce to the company at a fixed price.

Pepsico said that it has exclusively developed the FC5 variety and registered the trait in 2016. The variety of seeds holds importance as they contain less moisture content required in making potato chips the company makes.

In a statement, Kuruganti said: “It is good that the judgement of Justice Navin Chawla upheld the revocation order …”

(Written by- Mahek Nigam

Edited by- Prateek Gautam)