UPSC LAW OPTIONAL CA 2019/2020 : IPR : PATENT INFRINGEMENT BY SMALL FARMERS - SUED BY PEPSICO.



FACTS : PepsiCo, the US-based food and beverages multinational, has sued nine farmers of Gujarat, some of them for Rs 1 crore each, for allegedly violating its intellectual property rights (IPR) in a registered potato variety.

EARLIER :

· PepsiCo is the second large U.S. company to face patent infringement issues in India.

· With the long-standing intellectual property dispute, seed maker Monsanto, now owned by German drugmaker Bayer AG, withdrew from some businesses in India over a cotton-seed dispute with farmers.

RELEVANT LAW : The Protection of Plant Varieties and Farmers’ Rights Act, 2001, under which PepsiCo’s potato variety was registered in 2016, allows farmers to plant, grow, exchange and sell patent-protected crops, including seeds, and only bars them from selling it as “branded seed".

· PepsiCo has invoked Section 64 of the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001 to claim infringement of its rights.

· However, farmers groups cite Section 39 of the same Act, which specifically says that a farmer is allowed “to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act” so long as he does not sell “branded seed”.

INDIAN POLICY : India has deliberately chosen a patent law that allows its farmers considerable freedom to use patented varieties. As one researcher described it, the Indian law can be thought of as a patent-lite version, compared to strong IPR laws in the US.

WAY FORWARD : The withdrawal of the lawsuit by PepsiCo may be a welcome relief to several farmers who can neither afford to defend themselves in court, nor to abandon the cultivation of proprietary varieties. It is a wake-up call for government and policymakers to streamline the policies of IPR to balance the interests.


PRACTICE QUESTIONS :


1. Who is a farmer? What is the difference between ‘farmer’s variety’ and ‘registrable variety’ Also, discuss the salient features of Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001. 2. "Seed varieties cannot be patented in India. So no one, Indian or foreign, can patent seeds and control our food supply. The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act allows protection of plant varieties". Explain.

ADMISSION FOR NEW BATCHES :

NEW BATCH FOR 2020 UPSC LAW OPTIONAL - STARTS FROM 06 JULY 2019 - http://bit.ly/2SA4KAM
CRASH COURSE- 2019 UPSC LAW OPTIONAL - STARTS FROM 06 JUNE 2019 - http://bit.ly/2VYXn7F
UPSC 2019 - LAW OPTIONAL TEST SERIES - http://bit.ly/2X2nszc

About Lawxpertsmv India : Records :

  • 25+ Selections in UPSC Mains 2017 & 2018 including AIR 14 Neha Jain (2017 Batch).

  • Consistent prediction of questions around 78% of UPSC Mains Law Optional 2016,2017& 2018.

Impeccable Record in UPSC MAINS 2018: 25+ Students cleared in UPSC MAINS Law Optional 2018.

0866136 VIPUL PANDEY

0856384 - MAYANK SHARMA

1047758 TAWAREJ KSHITIJ KISHOR

0813872 RISHABH JAIN

5809484 SHAHID AHMED

6613415 BANKAR RUJUTA DINESH

5900420 HIMANSHU KUMAR VERMA

4113024 POOJA KUMARI

0504546 MANOJ KUMAR

0808746 UTKARSH SINGH VATS

0848832 VISHAKHA SINGH DESHWAL

0832331 NITIN YADAV

0806404 SRISHTI GUPTA & Many more counting

477 views

Courses Offered

Recent Post

Achievements