Ahmedabad: Farmers groups in Gujarat have sought government intervention after a popular soft drink conglomerate has sued four farmers in the state for Rs 1.05 crore each. PepsiCo has alleged that the four infringed on the company’s rights by growing the same variety of potato that is used in the making of a particular brand of chips produced by the soft drink manufacturer. The case will be heard here Friday.
Farmers are of the opinion that the company cannot file a case as laws permit them to grow any variety of crops as long as they do not ‘brand or sell’ the product under any company’s name.
The farmers have said that they want the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) to fight on their behalf and make proper submissions in the court. They also want the expenditure of the case to be provided by the National Gene Fund.
The soft drink manufacturer did not want to give any comment as the matter is sub judice while a senior official of the PPV&FRA has said that the body can take action and act on the order issued by the court.
PepsiCo has invoked Section 64 of the PPV&FR Act, 2001 to claim infringement of its rights. Farmers however, argue that Section 39 of the same act states that any farmer is permitted ‘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’.
Farmers in Gujarat are worried that the verdict on the case can have a long-lasting effect. They are apprehensive that if the ruling goes in PepsiCo’s favour, it may have a huge impact on the livelihood of farmers. According to few who have knowledge on the issue this is the first time cases have been filed against farmers on the issue of IPR infringement. Hence a judgement gone awry can have adverse impact on the lives of farmers.
