Hot potato: Gujarat farmers sued for copy-farming
AHMEDABAD: The US food and beverages giant PepsiCo has sued three farmers in Gujarat complaining that they have been illegally growing and selling a variety of potato exclusively registered by the company. PepsiCo claimed it has sole rights to grow them to manufacture chips of its brand - Lay's.
Looking at the company's registration of the potato variety in country's Plant Variety Registry, the commercial court here last week stayed the farmers - Chabilbhai Patel, Vinod Patel, Haribhai Patel - from growing and selling the potatoes till April 26. The court has also sought reply from the three over company's claims of infringement on its rights.
On company's request, the commercial court judge Moolchand Tyagi appointed advocate Paras Sukhwani as court commissioner to conduct an inquiry into the dispute and prepare a report.
应百事公司的请求，商业法庭法官穆尔昌德•泰吉(Moolchand Tyagi)任命律师帕拉斯•苏赫瓦尼(Paras Sukhwani)为法庭专员，对争议进行调查，并准备一份报告。
PepsiCo India Holdings Pvt Ltd has informed the court that it uses the registered variety of potatoes called FL 2027, which is a hybrid of FL 1867 and Wischip varieties, for manufacturing chips for its brand. The company is the registered breeder of FL 2027 under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
印度百事公司(PepsiCo India Holdings Pvt Ltd .)已通知法院，该公司使用已注册的马铃薯品种FL 2027制作其品牌薯条，FL 2027是FL 1867和Wischip的杂交品种。该公司根据2001年《植物品种和农民权利法案》注册了FL 2027。
In India, this variety was first put to commercial use in 2009 and is traded under the trademark FC5. It has granted licence to some farmers in Punjab to grow the variety on the buyback system. By growing these potatoes without licence, these farmers in Gujarat are violating its statutory rights.
The company further said that it came to know about the farmers growing this potato variety in January. It collected samples and sent for verification to the in-house laboratory as well as the ICAR and Central Potato Research Institute at Shimla for DNA analysis. The results showed that the respondents were growing the registered variety. It placed the report before the court.
On hearing the company's submissions, the court said, "At this stage, it appears that the plaintiff has prima facie case in its favour." It said that if the farmers are not temporarily stayed from growing and selling potatoes, the company would suffer irreparable loss and it would defeat the justice.
译文来源：三泰虎 http://www.santaihu.com/47400.html 译者：Jessica.Wu
tejas shah - gujarat - 8 hours ago -Follow
This is outrageous. Mutations of life can not be anyone''s monopoly even if they are done in laboratory. Tomorrow, if science comes up definite proof about where ape mutated into human, that country may claim ownership over every human being and ask for license for anyone having baby.
Nandkishor - 5 hours ago -Follow
Many of Indian products of thousands of years are patented by us companies, they even tried to patent turmeric also, we should avoid all PepsiCo products
Bhartiya - 2 hours ago -Follow
Do not buy pepsi and lays..
Chowkidar Gung Ho - Ra - 3 hours ago -Follow
How can potatoes be copy righted. This is dangerous. The court should strike down Pepsico.
Yogesh - 2 hours ago -Follow
Stop eating Lay's in India. Anyhow 75% of lays packets is filled with Air. Indian chips are far more better
Paresh Kamani - 4 hours ago -Follow
Now potatoes become Intellectual Property rights
Nilesh - 3 hours ago -Follow
We Indians can give simple solutions to our troubled farmers. Boycott LAYS for few months. And if its genetically changed it's bad for us. Support a Indian chips manufacturer( chips are injurious to health) with our cultivated potatoes. Understand the power of common man. Any one goes on badly intentioned strike we all should boycott them for some time. Masses first.
Pradeep - 3 hours ago -Follow
Law of the land must be supporting the local farmers and not the multi national corporate entities.
2 hours ago -Follow
This is how they start.let them get lost. Pepsi is a junk food manufacturer . Bad for health. One can live happily without thier products.They have destroyed the environment of palghat District. No more.!
Aditya - 2 hours ago -Follow
patato itself is not an american vegetable.we should sue the americans for copying patato farminy
RahulJain - India - 3 hours ago
Hahahahaha. PepsiCo needs to be shown the door. Balaji Chips are best!!!
ANJOY KUMAR ROY - 3 hours ago -Follow
Pepsico is now looking for trouble.
Pawan Kumar - 3 hours ago -Follow
Abysmal depths of Western power influence. Money rules. Pepsi is a poison drink and the world is getting fooled by these Western cola companies. When will the government ban these poisons? Will they? Westerners are patenting pranayama, yoga, other spiritual exercises, apart from native plant and animal species. Our media channels are least bothered about these. We now need a 2nd national independence movement from foreign dependence on most products (from toys and pins to trains and planes).