The Supreme Court (SC) upheld PepsiCo India’s registration of the FL 2027 (FC-5) potato variety used for Lay’s chips.
The Court said the registration cannot be revoked under Section 34(h) of the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001 merely because PepsiCo sued farmers.
Farmers can still claim protection under Section 39(1)(iv) of the Act if PepsiCo takes legal action against them.
PepsiCo had sued at least nine Gujarat farmers in 2018–19 for alleged infringement but withdrew all cases unconditionally in May 2019.
The dispute began after PepsiCo’s 2016 registration was revoked in 2021, a decision later overturned by the Delhi High Court in 2024.