Delhi High Court Sets Aside Order Revoking PepsiCo's Potato Patent

The Delhi High Court has overturned an order revoking PepsiCo India's patent registration for a potato type known as 'FL-2027' used to make chips.

On January 9, the High Court overturned a single judge's judgement to uphold the statutory authority's ruling to cancel PepsiCo's certificate of registration for 'FL 2027'.

The Court directed that the renewal application made by PepsiCo shall be reinstated on the file of the Registrar, who shall deal with it by the law and in light of the findings contained hereinabove.

The Court also dismissed a cross-appeal filed by farm rights campaigner Kavitha Kuruganti.

Senior counsel Colin Gonsalves, representing Ms. Kuruganti, said that the reason for submitting a revocation motion emerged when PepsiCo sued farmers in Gujarat, asserting intellectual property rights infringement.

Mr. Gonsalves stated that revocation actions were necessary to protect farmers' legitimate entitlements. He said the vexatious actions were designed to intimidate and harass farmers, preventing them from exercising their rights.

Senior counsel Dayan Krishnan, representing PepsiCo, argued that the international corporation had the right to apply for registration. He added that the original breeder, Dr Robert Hoopes, gave all rights to the subject plant 'FL 2027' variety to Recot.

Mr. Krishnan stated that PepsiCo had presented the authorities with the Assignment Deed, the certificate indicating the change of Recot. Inc's corporate name to FLNA (Frito-Lay North America), and the latter's letter giving the right PepsiCo to seek registration.