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Potato farmers cry foul as PepsiCo sues them
Just days after multi-billion dollar conglomerate PepsiCo sued four Gujarati farmers, asking them to pay ₹1.05 crore each as damages for 'infringing its rights' by growing the potato variety used in its Lays chips, farmers groups have launched a campaign calling for government intervention.
The case is coming up for hearing in an Ahmedabad court on Friday.
Warning that the case could set a precedent for other crops, farmers groups are pointing out that the law allows them to grow and sell any variety of crop or even seed as long as they don't sell branded seed of registered varieties.
The farmers want the Protection of Plant Varieties and Farmers' Rights Authority (PPV&FRA) to make a submission in court on their behalf and fund legal costs through the National Gene Fund.
When asked for a response, a PepsiCo India spokesperson said: "Given the issue is sub judice, it would not be proper to offer detailed comments."
T.K. Nagarathna, the PPV&FRA registrar who has jurisdiction for vegetable crops, said that the case had come to the notice of the Authority and it was looking into it. "We can take action based on the court order," she told The Hindu.
"These farmers are small, holding around 3-4 acres on an average, and had grown a potato crop from farm-saved seed after they accessed the potato seed locally in 2018," according to a letter sent to the PPV&FRA by farmers groups. They alleged that PepsiCo hired a private detective agency to pose as potential buyers and take secret video footage, and collect samples from farmers' fields without disclosing its real intent. PepsiCo then filed suit, the letter said. It added that at least nine farmers in three districts have been charged since 2018.
(Score: 3, Informative) by Anonymous Coward on Saturday May 04 2019, @12:44PM (2 children)
The law in question is here:
https://indiacode.nic.in/bitstream/123456789/1909/1/200153.pdf [indiacode.nic.in]
It appears to provide a wise balance between farmer and seed developer's rights.
It appears more not to support growing a crop for the exclusive use of the seed developer.
PepsiCo's purpose in this appears to limit the availability of a specific type of potato to their product.
This is different than just trying to make money by selling a superior seed.
This seems contrary to Section 47 of the law, which appears to give the public the right to use the seed at a reasonable price.
This may end with India's farmers being able to supply potatoes to anybody?
This is definitely an interesting case.
(Score: 0) by Anonymous Coward on Saturday May 04 2019, @01:56PM
PepsiCo are fucking idiots. They sell chips and poor people are some of their customers. Stepping on poor farmers trying to make a living is an idiotic form of anti-promotion.
(Score: 2) by sjames on Saturday May 04 2019, @09:25PM
A key point is that PepsiCo buys that particular variety at a fixed price (not market price). This is an attempt to smash the invisible hand with a hammer by making sure the sellers can only take what they offer or let their crop rot.
The farmers believe they can get a better price by selling elsewhere.