The PepsiCo company, owner of well-known trademarks such as Pepsi, Lays, Gatorade and Doritos, filed a lawsuit against a group of Indian farmers for cultivating the same species of potatoes that the corporation produces, known as “CF5”, designed to contain less water than normal varieties and get the ideal physical properties that the final product demands.
In this context, PepsiCo is seeking compensation of 10 million rupees (USD 143,000.-) from each Farmer but it remarks that the farmers who are sued are not among the thousands who have authorized to grow the registered variety of potatoes. On the other hand, associations of farmers and activists in India request the Government of this country to intervene and take action against PepsiCo, based on the Indian agricultural law that allows to plant, grow and market any agricultural product (including seeds), provided that the registered trademark is not being used.
However, this conflict is not simply limited to the possibility of growing potatoes in western India, but the basis of the problem is related to an intellectual property right, perhaps less popular, known as “plant variety”. This right gives the owner the ¨ownership¨ and ¨protection¨ of the …Read More