The Delhi high court overturned a prior ruling by a single judge, which had upheld the revocation of pepsico India’s registration concerning a potato variety used in lay’s chips. A division bench, led by justice Yashwant Varma and justice Dharmesh Sharma, annulled the single judge’s order from July 05, along with the protection of plant varieties and farmers rights authority’s decision and its rejection of PepsiCo’s patent registration renewal application dated February 11, 2022.
The court directed the restoration of pepsico’s renewal application to the registrar’s file for reconsideration in compliance with legal stipulations and based on the court’s findings.
This legal battle emerged from cross appeals by pepsico and Kavitha kurungati, a farmers’ rights activist, challenging the single judge’s dismissal of pepsico’s appeal against the authority’s revocation order on December 03, 2022.
Pepsico contested the decision that nullified the registration for the plant variety fl 2027, while kurungati argued for the revocation, citing non-compliance with the protection of plant varieties and farmers’ rights act, 2001, specifically section 34(f).
The high court upheld pepsico’s appeal and dismissed kurungati’s cross appeal. It stated, “however, we disagree with the learned single judge’s adverse findings against pepsico regarding the incorrect mention of the first sale date and the conclusions on pepsico’s eligibility for registration and non-submission of pertinent documentation.”
This ruling signifies a pivotal turn in the case, favouring pepsico’s reinstatement of the renewal application and highlighting discrepancies in prior judgments.
CASE NAME: PEPSICO INDIA HOLDINGS PVT. LTD. v. KAVITHA KURUGANTI LPA 590/2023 & CM APPL. 42282/2023
NAME: GAYATHRI MANOJ, BBA, LLB(HONS), PRESIDENCY UNIVERSITY, BANGALORE, INTERN UNDER LEGAL VIDHIYA.
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