In a continuation of the long-drawn out big ticket litigation
between PepsiCo and potato farmers, a Division Bench of the Delhi
High Court in January 2024 reversed an earlier decision that had
revoked the multinational's registration of potato variety
FL2027, which it uses to make the iconic Lays chips.
2011-2016: The application
PepsiCo's registration for FL2027 with the Protection of
Plant Varieties and Farmers' Rights Authority (“the
Authority”) was filed as far back as 2011. Originally applied
for as a “new variety”, the application was revised to
“extant variety” after comments from the Registrar, and
was registered as such in 2016.
2019: Withdrawn infringement suits
In 2019, PepsiCo sued multiple potato farmers for infringing its
registered plant variety, but withdrew this litigation within
months. This was later used as a ground of violating “public
interest” in the revocation suit filed subsequently (see
below).
