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PepsiCo and the Patentable Potato

The Delhi High Court in India has reversed its own decision in respect of PepsiCo Inc’s patent for the protection of a specific variety of potato used in its popular Lay’s crisps.

In 2021, the Protection of Plant Varieties and Farmers’ Rights Authority (“PPVFR”) rescinded the protection afforded to PepsiCo’s FC5 potato, ruling that Indian patent protection could not extend to seed varieties. PepsiCo initially appealed the decision to the Delhi High Court in July 2023, though its appeal was dismissed on that occasion.

PepsiCo then returned to the same court in January of this year to appeal the subsequent decision, and won. PepsiCo welcomed the Delhi High Court judgment, stating “[w]e remain dedicated and will continue to work along with the farming communities ensuring their benefit and overall progress”.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

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