Four farmers in Gujarati, India are being sued by PepsiCo for growing the variety used in Lays Potato chips. PepsiCo is using Section 64 of the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001, claiming that the growers are infringing on their rights. The growers are looking for government interaction using Section 39 of the same act which specifically says that a farmer is allowed “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”. The case goes to court on Friday.
