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PepsiCo India lost rights for FC5 Potato Variety

Published: 13th Dec, 2021

Context

In a recent development, Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) revoked a plant variety protection certificate granted to PepsiCo India for the FC5 potato.

  • It is a special variety that was grown exclusively for Lay’s chips.

About

Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA)

  • PPVFRA is set up under the Protection of Plant Varieties and Farmers’ Rights Act 2001.
  • The Act is in conformity with International Union for the Protection of New Varieties of Plants (UPOV), 1978 [India has been given the status of observer].
  • Also, the Act has  sufficient provisions to protect the interests of public sector breeding institutions and the farmers.
  • Plant variety cannot be patented in India. A patent deals with IPR over devices of Industrial applications whereas PPV & FR Act, 2001 confers IPR to plant breeders who have bred or developed plant varieties.

FC5 Potato variety

  • The FC5 potato variety was first cultivatedby Dr Robert W. Hoopes.
    • He holds the most potato patents and potato variety protections in the whole world.
  • The FC5 variety is registered in the United States as FL2027. It has 5 per cent lower moisture content than other varieties.
  • With 80 per cent moisture content, as compared to the usual 85 per cent, this variety is considered more suitable for processing and therefore, for making snacks such as potato chips.

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