Indian farmers are planning to protest against multinational soft drinks company PepsiCo. The company has taken four potato farmers to court in the western state of Gujarat for cultivating FC5 potatoes, which the company claims to have patented.
Leaders of the largest farmers’ union Bhartiya Kisan Union (BKU) or Indian farmers’ union is planning a national level protest.
BKU President Rakesh Tikait has appealed to the prime minister of India Mr Narendra Modi to help farmers.
Mr Tikait told SBS Hindi, “The farmers are not aware of the patents. They buy the seed which seems good to them and sow. The situation will worsen if the multinational companies start patenting and marketing here.”
The four farmers sued by the company have received support from the state government. The Gujarat government has decided to be a party in the matter.
The farmers say they have been growing potatoes for a long time and have a legal right.
Advocate Anand Yagnik, who is representing the farmers, says his clients are not backing down.
“The farmers are very strong. They are committed. They say individually we will not have the resources and wherewithal to fight out but collectively now if the multinational raises his hand, then we have no other option but to get together and fight,” Mr Yagnik told SBS Hindi.
Why FC5 is important
The bone of contention is the FC5 potato which is used to make Lay’s chips, a popular product by PepsiCo. This variety of potatoes has lower moisture content and the company claims rights over the trademark FC5.
PepsiCo entered the Indian market in 1989, setting up a research and development facility in the northern state of Punjab. It supplies potato plantings to farmers across India and other countries from this facility.
It claims the four Gujarat farmers were growing FC5 potatoes illegally.
"The company was compelled to take the judicial recourse as a last resort to safeguard the larger interest of thousands of farmers that are engaged with its collaborative potato farming program. PepsiCo India remains deeply committed to resolving the matter and ensuring adoption of best farming practices," the company said in a statement to SBS Hindi.
The company has demanded over 10 million rupees (almost $200k AUD) each for alleged patent infringement.
Farmers claim their right
The farmers claim they have been growing the potato for a long time and they have a legal right to use their produce.
“The protection of plants varieties and farmers rights act 2001 specifically provides section 39, and the very section says a farmer shall be deemed to be entitled to save, use, sow, re-sow, exchange, share or sell his farm produce, including the seed of the variety, protected under this act in the same manner, as he was entitled before the coming into operation of this act,” Mr Yagnik said.
In a statement fo SBS Hindi PepsiCo India said it has offered to settle the dispute.
“PepsiCo India has already proposed to amicably settle with people who were unlawfully using seeds of its registered variety.
"PepsiCo continues to maintain that they may become part of its collaborative potato farming program. This program gives them access to higher yields, enhanced quality, training in best-in-class practices and better prices.
"In case, they do not wish to join this program, they can simply sign an agreement and grow other available varieties of potatoes. It is significant to note that the company’s collaborative potato farming program is best in class and is built on strong backward and forward linkages that improve livelihoods by using protected seeds,” the company said in a statement.
The next hearing of the case will be on 12th June 2019.
