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- Title
PepsiCo v Farmers in India: A Classic Case of Statutory Misinterpretation.
- Authors
Srivastava, Rhishika; Mukherjee, Parna
- Abstract
This case note is a sequel to an earlier one published in this journal, 'The PepsiCo Dispute: A Case of David Versus Goliath?', wherein PepsiCo India Holdings sued local farmers of Gujarat, India alleging infringement of its patented potato variety. As explained in the last case note, increasing farmer protests, activists' involvement, and huge popular support for the farmers, left PepsiCo with no alternative but to withdraw its suit. However, in an interesting turn of events, an activist subsequently challenged the patent granted to PepsiCo for the Potato variety under the Protection of Plant Variety and Farmers Rights Act 2001. The quasi-judicial authority established under that Act responded by revoking the patent rights grated to PepsiCo, citing reasons such as misrepresentation and false claims. The judgment delivered by the quasi-judicial authority forms the subject of this case note as it provides a valuable set of guidelines for ensuring compliance under the Law.
- Subjects
PEPSICO Inc.; CULTIVARS; POTATOES; PLANT protection; FARMERS; FALSE claims
- Publication
Australian Journal of Asian Law, 2023, Vol 24, Issue 2, p127
- ISSN
1443-0738
- Publication type
Case Study