Authority: Supreme Court of India
Order Date: August 05, 2026
Case Overview
- Petitioner: Kavitha Kuruganti, representing individual farmers, filed Special Leave Petitions (C) Nos.10320‑10321 of 2024 seeking revocation of PepsiCo India Holdings Pvt. Ltd.’s registration of seed variety “FL 2027” under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.
- Respondent: PepsiCo India Holdings Pvt. Ltd., which had applied for registration of FL 2027, indicating first commercial sale on 17‑Dec‑2009, based on an Assignment Deed dated 26‑Sep‑2003 from the original breeder (U.S. affiliate).
- The petitioner invoked Section 34 of the Act for revocation, alleging that the respondent’s infringement suits against individual farmers were vexatious and predatory.
- The High Court, after mixed findings, upheld parts of the revocation and dismissed others, concluding that the suits were not vexatious and that Section 34(h) was not attracted.
Final Outcome
- The Supreme Court held that the High Court correctly examined Section 39(1)(iv) and found no basis to interfere; therefore, the Special Leave Petitions are disposed of.
- The Court clarified that any individual farmer may rely on Section 39(1)(iv) to save, use, sow, resow, exchange, share or sell farm produce, but the respondent is not restrained from pursuing legal remedies where its rights are infringed.
- All pending applications, if any, are also ordered disposed of.
Topics: Plant Variety Rights, Seed Industry Litigation, Farmers’ Rights