The Gujarat government has decided to back the potato farmers who are locked in a legal battle with PepsiCo after the company had dragged them to court for growing a potato variety which it claimed was its registered product.
Recently, Ahmedabad civil court had barred farmers from growing and selling potatoes till next hearing. PepsiCo had complained to the court that the farmers were illegally growing and selling a potato variety FL-2027.
FL-2027 which is also known as FC-5 is registered as an intellectual property rights(IPR) with the PepsiCo company under the Protection of Plant Varieties and Farmers Rights (PPV&FR) Act,2001.
However,farmers groups have cited Section 39 of the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act,2001 which specifically says that a farmer is allowed to grow and sell any variety of crop or even seed as long as they don’t sell branded seed of registered varieties.
The Protection of Plant Variety and Farmers Right Act,2001(PPVFR Act) is an Act of the Parliament of India that was enacted to provide for the establishment of an effective system for the protection of plant varieties,the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants.
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