Dear Friends,
While the recent judgement of the Protection of Plant Varieties and Farmers' Rights Authority with regard to revocation of PepsiCo India Holdings Plant Varietal Protection Certificate related to FL-2027 potato variety was welcome (
where the Authority accepted Kavitha Kuruganti's Revocation Application), the actual
reading of the judgement is in fact disappointing.
It dwells a lot on procedural aspects of PepsiCo's FL-2027 registration (which admittedly were part of the arguments presented by the applicant) but neglects to uphold strongly and unambiguously matters of public interest, of farmers' rights as per Sec.39 1(iv) of the Act and of clearly explaining and de-limiting the PVC holder's rights under Sec.28. The case and the judgement also put a spotlight on the administrative lapses in the Authority and show that post-registration monitoring is missing. We have attached the judgement here for your kind reference. We specially draw your attention to
page 75 of the Judgement.
Attached is a letter in English and Hindi that we would like to send to the Authority and other concerned decision-makers,
to ensure that some things are streamlined and strengthened with regard to the interpretation of the law and its implementation. Kindly do sign on by the 1st of January 2022 (by the afternoon) if you find the contents of the attached letter agreeable, and we are seeking organisational endorsements and endorsements of professionals who can state their profession/work sphere/expertise in case of individuals.
How to Sign on?
Just reply
(NOT in 'reply all' mode) and CC to asha.kis...@gmail.com to this mail saying
"I endorse" and please DO NOT forget to mention
your name with designation or how you want to be identified in this letter. Sincerely,
Kapil Shah, Shalini Bhutani, Kavitha Kuruganti
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