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High Court in India upholds PepsiCo’s patent claim for potato variety used in Lay’s chips

The Delhi High Court has affirmed PepsiCo’s right to claim a patent for the potato variety essential to the production of its popular Lay’s potato chips, as Sukriti Mishra reports for LawBeat.

A division bench overturned a previous single-judge order from July 5, 2023, which had dismissed Pepsi’s appeal against the revocation of its patent-protected potato variety.

PepsiCo had filed an appeal under the Protection of Plant Varieties and Farmers’ Rights Act, 2001, challenging the Protection of Plant Varieties and Farmers Rights Authority’s order dated December 3, 2021. This order had revoked Pepsi’s patent protection for the FL 2027 potato variety utilized in the manufacturing of Lay’s chips. Following the dismissal of the appeal by a single judge on July 5, PepsiCo escalated the matter to the division bench.

The bench directed the restoration of PepsiCo’s renewal application to the Registrar for further processing in accordance with the law.

“The appeal of PepsiCo is allowed. We consequently also set aside the order of the Authority dated December 3, 2021, and the letter issued by the Authority dated February 11, 2022. The renewal application as made by PepsiCo shall stand restored on the file of the Registrar, who shall dispose of the same in accordance with law,” the court said.

Source: LawBeat. Read the full story here. Download and read the judgement here
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