jueves, 2 de mayo de 2019

PepsiCo’s attempt to sue farmers highlights the lacunae in IPR laws | The Indian Express

Written by Rajshree Chandra |Updated: May 2, 2019 10:40:08 am

The writer teaches political science at Janki Devi Memorial College, Delhi University.

PepsiCo’s attempt to sue farmers highlights the lacunae in IPR laws

Who is the rightful owner of the potato variety, FL 2027? Is it the farmer who bought, planted, harvested the potatoes from his own farm, or is it the innovator who cross-bred and modified the potato to have a low moisture content for crispier chips?

Potato, three years of losses to count in 4 out of 8 seats voting next in Uttar Pradesh — The dominant framework of international intellectual property (IP) law — TRIPS and the UPOV — gives plant breeders exclusive rights over the varieties they develop. (Express file photo by Harish Damodaran)

There could not have been a better heading for the IE editorial (April 30) on PepsiCo’s infringement suit against the farmers who have been accused of illegally cultivating a licensed variety of potato used for PepsiCo’s chips brand, “Lays”. “Lay off”, it said. It could have been saying, “back off Pepsi, the Indian farmer has rights under the Protection of Plant Variety and Farmers Rights (PPV&FR) Act”. Or, resonating with the boycott Pepsi brigade on social media, it could have been saying, “lay off the chips and other associated Pepsi products”. However it spoke to us, this should not be just an occasion to take easy sides in this David vs Goliath story. It should also occasion a more serious questioning.