Delhi High Court sets aside order revoking PepsiCo’s potato patent

The Delhi High Court has set aside an order revoking PepsiCo India’s patent registration in respect of a potato variety known as ‘FL-2027’ used for making chips.

The Delhi High Court has set aside an order revoking PepsiCo India’s patent registration in respect of a potato variety known as ‘FL-2027’ used for making chips.

The High Court, on January 9, set aside a decision of a single judge Bench that upheld the statutory authority’s ruling to revoke the certificate of registration granted to PepsiCo for ‘FL 2027’.

“The renewal application as made by PepsiCo shall stand restored on the file of the Registrar who shall dispose of the same in accordance with law and in light of the findings recorded hereinabove,” the court directed.

The court also dismissed a cross appeal by farm rights activist Kavitha Kuruganti.

Senior advocate Colin Gonsalves, representing Ms. Kuruganti, submitted that the cause for filing of a revocation application arose when PepsiCo sued farmers in Gujarat citing intellectual property right infringement.

The initiation of revocation proceedings, according to Mr. Gonsalves, was necessitated in order to safeguard the legitimate entitlement of farmers. He submitted that the institution of those vexatious proceedings was aimed at intimidating and harassing farmers and preventing them from exercising their rights.

Senior advocate Dayan Krishnan, representing PepsiCo, submitted that the multinational company was entitled to apply for registration. He said Dr. Robert Hoopes, the original breeder, had assigned all rights in the subject plant ‘FL 2027’ variety in favour of Recot Inc..