Reg. Judgement of PPVFR Authority in PepsiCo’s Potato Variety Revocation Case
Hindi version of the text of the letter given below in english is available HERE.
From: Jatan Trust <jatantrust@gmail.com>
Date: Tue, 4 Jan 2022 at 16:12
Subject: Reg. Judgement of PPVFR Authority in PepsiCo’s Potato Variety Revocation Case
To: <chairperson-ppvfra@nic.in>
Cc: <secy-agri@nic.in>, <nstomaroffice@gmail.com>, <ns.tomar@sansad.nic.in>, <mukesh.kumar2005@ias.nic.in>, Shalini Bhutani <emailsbhutani@gmail.com>, suman sahai <suman@genecampaign.org>, Kavitha Kuruganti <kavitakuruganti@gmail.com>, Kisan Swaraj <asha.kisanswaraj@gmail.com>, <ag.comm@nic.in>, Prof. Swapan Kumar Datta <ddgcs.icar@nic.in>, <jsseeds-agri@nic.in>, <bns.murthy@gov.in>, <director.nbpgr@icar.gov.in>, <kuldeep.singh4@icar.gov.in>, <aslam@dbt.nic.in>, <sujata@nic.in>, Raj Kumar(GoG-Agriculture Dept.) <secagri@gujarat.gov.in>
To:
Dr K V Prabhu,
Chairperson,
PPV&FR Authority,
Government of India.
Dear Dr Prabhu,
Greetings! This is to thank you for your judgement in the Revocation Application case with regard to FL-2027 potato variety, and acknowledge the positive ramifications of such a judgement. This certainly holds good lessons for the future, for both the applicants of Plant Variety Certificates (PVCs) and the Registry personnel. While highlighting administrative lapses in the Registry and the Authority, the case and the judgement also highlight the lack of post-registration monitoring in the country.
This letter is also to place on record that the judgement in this case missed to make some strong points in the context of Public Interest. These were not listed either under “Facts”, or “Issues” sections of the judgement, unfortunately. It is surprising to note that these issues were listed as “germane” to the issue on hand, but that Public Interest was not made as the basis for revocation of PepsiCo India Holding’s PVC on FL-2027.
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As you are kindly aware, India’s unique sui generis legislation in itself is a piece of legislation based on Public Interest as the predominant legal tenet. It has several clauses that uphold public interest in terms of debarring certain varieties for PVP and those that protect public interest in the pre-grant phase. However, this is the first time that the post-grant public interest provision has been put to test and the judgement of the Authority does not define in unambiguous terms what this public interest is about, especially vis-a-vis protection of farmers’ rights, nor does it unambiguously delimit the rights of an applicant under Sec.28 of the PPV&FR Act.
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The proceedings of a Revocation Application that invoked “Public Interest” as one of the grounds, being stretched over 30 long months is surprising, especially given that the PVC validity itself was getting exhausted during this time period. While we realise that the COVID-19 pandemic might have affected the pace in this case, we hope that the Authority will look at faster time-bound revocation proceedings in future.
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We are aware that the 18th meeting of the Protection of Plant Varieties & Farmers’ Rights Authority delegated powers to the Chairperson or any Officer nominated by him/her in judicial procedures/revocation applications in May 2013. However, on important matters of Revocation Applications, it does not seem robust that one person will represent the Authority in taking a final decision on such matters. We urge that the full Authority and the Government of India re-look at this matter.
Be that as it may, we believe that post-judgement, the Authority should now take up the following urgently:
1. Re-visit all the registrations given so far, to check if the Registry has applied due diligence with regard to PVCs registered so far in terms of eligibility of applicant, availability of all required information and documents as well as whether correct and consistent information with regard to first date of sale and other such matters has been provided by applicants while applying.
2. All existing PVC holders should get an explicit communication, an advisory or direction from the Authority that their certificate is subject to Sec. 39 related to farmers’ rights.
3. All future certificates should explicitly make the certificate conditional to upholding of Sec.39, particularly 39(1)(iv).
Sincerely,
1. Abhilash CA, Gram Seva Sangh
2. Ajay Etikala, Organic Farming Activist, Delhi
3. Aju Mukhopadhyay, Poet, Author, Critic, Environmentalist
4. Akash Badave, Bhoomgadi Organic FPC, Chhattisgarh
5. Aksay Vaghasiya, Agriculture Student
6. Anand Karandikar, Director, Vicharvedh, A Not-For-Profit Organisation
7. Anand Mazagaonkar, President, Gujarat Sarvodaya Mandal, Ahmedabad
8. Anand Patwardhan, Filmmaker
9. Ananthoo, Safe Food Alliance
10. Anil Chamadia, Journalist – Writer
11. Anshuman Das, Food Activist, Kolkata, West Bengal
12. Antara Ray, Agroecologist and School Principal
13. Aparna Krishnan, Palaguttapalli Dalitwada, Chittoor District, Andhra Pradesh
14. Aruna Rodrigues – Lead Petitioner, SC PIL For A Moratorium On GMOs, Sunray Harvesters, Madhya Pradesh
15. Arup Kumar Sen, Independent Analyst
16. Ashlesha Khadse, Researcher, Goa
17. B Siddarthan, Director, Counian Centre For Development, Thoothukudi, Tamil Nadu
18. Balaji Shankar, Tharchaarbu Iyakkam
19. Balu Lal and Lal Singh, Mazdoor Kisan Shakti Sangathan (MKSS), Rajasthan
20. Bharatiya Kisan Union (BKU-Tikait)
21. Bhavani R V, Consultant, FAO
22. Bindu Mohanty, Research Coordinator, RRA Network
23. Chakradhar, Samalochana, Andhra Pradesh
24. Chandra Shekhar Samantaray, Small Farmer
25. Chhabilbhai Patel, Sued Farmer, Badol Kampa, Dist: Sabarkantha
26. Chennaiah Poguri, APVVU (Andhra Pradesh Agricultural Workers Union)
27. Dayabhai Gajera, Chairman, Guajaratpradesh Kisan Sabha, Gujarat
28. Deepak Sharma, facilitating nutrition-focused agriculture systems with indigenous communities in the tribal junction of Rajasthan, Madhya Pradesh, and Gujarat
29. Devi Lakshmikutty, Bio Basics, Coimbatore, Tamil Nadu
30. Dhamodaran, Vizhuthgal
31. Dhruba Das Gupta, Conservation Worker and Community Expert
32. Dr A R Vasavi, Secretary, Punarchith, Karnataka
33. Dr A. R. Pathak, Former Chairperson, Committee on Extant Variety, PPV&FR Authority, New Delhi; Former Vice Chancellor, Navsari Agriculture University; Former Vice Chancellor, Junagadh Agriculture University; Former Director of Research, Anand Agriculture University; Former Research Scientist (Rice).
34. Dr A.M. Shekh, Former VC, Anand Agricultural University, Anand
35. Dr Amit Bhaduri, Economist
36. Dr Anamik Shah, Former VC, Gujarat Vidhyapeeth, Ahmedabad
37. Dr Anant Phadke, Member, Lok Vignyaan Sanghatana
38. Dr Anil Sadgopal, Former Professor & Dean, Faculty of Education, University Of Delhi; All India Forum For Right To Education; Former Fellow, Molecular Biology Unit, Tata Institute Of Fundamental Research, Government Of India
39. Dr Ashok Bang, Chetna Vikas, Wardha, Maharashtra
40. Dr Ashok Kundapur, Environment and Energy Pro Activist
41. Dr B N Reddy, Retd HOD, Department of Botany, Osmania University; Former President, Jana Vignana Vedika
42. Dr D.N.Reddy, Retired Professor Of Economics, University Of Hyderabad, Hyderabad
43. Dr Debal Deb, Centre For Interdisciplinary Studies
44. Dr Dinesh Abrol, Convener, National Working Group on Patent Laws And WTO
45. Dr Felix Padel, Anthropologist
46. Dr Frederic Landy, Professor of Geography
47. Dr Gopal Krishna, Advocate, Patna High Court
48. Dr Goutam Saha, Centre for Interdisciplinary Studies
49. Dr Govind Kelkar, Researcher on Women Farmers’ Rights
50. Dr Hemant Shah, Economist and Former Principal, H.K. Arts College, Ahmedabad
51. Dr K. G. Mehta, Former President, Gujarat Association of Agricultural Sciences (GAAS), Ahmedabad; Former Research Scientist (Rice)
52. Dr Madhulika Banerjee, Professor, Department of Political Science, University of Delhi, Delhi.
53. Dr Minoo Parabiya, Former Professor and Head, Department of Biosciences, Veer Narmad South Gujarat University, Surat
54. Dr Mita Dutta, Centre for Interdisciplinary Studies
55. Dr N. P. Patel, President, Gujarat State Seed Producers Association, Ahmedabad.
56. Dr Nandita Shah, Sharan Auroville, Auroville, Tamil Nadu
57. Dr P. P. Zaveri, Plant Breeder, MD, Farm Tech Biogene Pvt. Ltd. Ahemdabad
58. Dr Pankaj Shah, Managing Trustee, SEWA Rural
59. Dr Prof Arif Waqif, Phd (Economics), UC-Berkeley; Prof & Founder Dean (Rtd), School of Management Studies, University of Hyderabad
60. Dr Pushpa Singh, Associate Professor, Department of Political Science, University of Delhi
61. Dr R. A. Khimani, VC, Gujarat Vidyapeeth, Ahmedabad
62. Dr R. A. Sherasiya, Former Director of Agriculture, Govt of Gujarat
63. Dr Ramesh Arora, Independent Consultant on IPM & SA, Senior Entomologist
64. Dr Sagari R Ramdas, Veterinary Scientist, Food Sovereignty Alliance, India
65. Dr Seema Purushothaman, Professor and Researcher
66. Dr Soma KP, PhD, Gender Ecology and Development, Department of Humanities, IIT Bombay
67. Dr Srijit Mishra, Economist
68. Dr Sudarshan Iyengar, Former Vice Chancellor of Gujarat Vidyapith, Economist
69. Dr Sujatha Byravan, Scientist
70. Dr V Rukmini Rao, Executive Director, Gramya Resource Center for Women (Promoting Women Farmer Rights), Nalgonda District, Telangana
71. Dr Vikram Patel, Chairperson, Muni Seva Ashram, Goraj
72. Gautam Sonti, Documentary Filmmaker
73. Girish G. Sohani, Principal Advisor and Trustee, Baif Development Research Foundation, Maharashtra
74. Gopi Deva, OFM-Organic Farmers Market
75. Hannan Mollah, General Secretary, All India Kisan Sabha (AIKS)
76. Haribhai Patel, Sued Farmer, Medh Kampa, Dist: Sabarkantha
77. Himani Mantri Grover, Permaculturist & Entrepreneur
78. Indian Coordination Committee of Farmers Movements (ICCFM)
79. Jagadeesan, Federation of Tamil Nadu Rice Mill Owners Association
80. Janchetna Sansthan, Rajasthan
81. Jayesh Patel, Chairman, Gujarat Khedoot Samaj, Gujarat
82. Jyoti Punwani, Journalist, Mumbai
83. K. J. Joy, Society for Promoting Participative Ecosystem Management (SOPPECOM), Pune
84. K. Nagarajan, Bangalore, Weekend Organic Farmer
85. Karnataka Rajya Raitha Sangha and Hasiru Sene (Samuhika Nayakathva) /Karnataka State Farmers Association and Green Brigade (Collective Leadership)
86. Karthik G, Chennai Climate Action Group
87. Kedareswar Chaudhury, Darbar Sahitya Sansada, Khurda, Odisha
88. Kiran Kumar Vissa, Rythu Swarajya Vedika, Telangana and Andhra Pradesh
89. Krishna Prasad, Desi Seeds FPC, Karnataka
90. Lawrence Surendra, Environmental Economist and former Member, Karnataka State Appellate Authority under the Air and Water Act
91. Mohsin Raza, Msc.(Biochemistry), M.Phil., PhD (Life Sciences), Senior Research Fellow-SRF; DBT, NE Chemical Ecology, Rajiv Gandhi University, Arunachal Pradesh
92. Mona Mishra, Senior Consultant, United Nations
93. Nachiket Udupa, Farmers’ Rights Activist, Rajasthan
94. Nikita Naidu, Climate Action Consultant
95. Nirmal Prabhu Benjhamin, Actor, Writer, Speaker, Yoga Instructor, Coach
96. P Mahesh Kumar and S Sai Manisha, Managing Partners, Bhagavathi Mahima Agro Tech
97. Pallav Das, Kalpavriksh Environmental Action Group
98. Pamayan, Thaalanmai Uzhavar Iyakam
99. Ponnuthai Sappani, President, Kalanjium Women Farmer’s Association, Tamil Nadu.
100. Prahalad Rangan (Staff Member, SUNY – University at Buffalo)
101. Prasad Chakraborty, Member of FIAM (An Organic Movement Team)
102. Prem, Go Organic Life
103. Prof. Tathagata Banerjee, Centre for Interdisciplinary Studies
104. Pushpa Achanta, Writer
105. Radhika Rammohan, Restore
106. Rahul Kumar, Project Research Fellow, Forest Research Centre for Eco-Rehabilitation, Prayagraj, Uttar Pradesh
107. Raja Sankar & Team Purva, Sriram Foods
108. Rajani Rao Santosh – Living Earth Foundation (LEAF), Bangalore
109. Rajesh Krishnan, Tirunelly Agri Producer Company, Wayanad, Kerala
110. Raman, Tula India
111. Ramya Bala, Geochemist
112. Rashmi Mahajan, PhD Student, ATREE, Bangalore
113. Rodney Shakespeare, Binary Economist
114. Rohit Prajapati, Paryavaran Suraksha Samiti
115. S M Muneer Ali, From Hyderabad, Telangana, A Farmer
116. S R Hiremath, President, National Committee for Protection of Natural Resources (NCPNR), Dharwad, Karnataka
117. Samar Bagchi, NAPM, West Bengal
118. Sangeetha
119. Selvam Ramasamy, Tamil Nadu Organic Farmers’ Federation
120. Shahidul Islam Chowdhury, Journalist
121. Sheelu Francis, President, Women’s Collective, Tamil Nadu
122. Sivakumar
123. Somdatta Roy, Co-Founder, Unnayan Foundation, West Bengal
124. South Indian Coordination Committee of Farmers Movements (SICCFM)
125. Sridhar Radhakrishnan, Environmental and Farmers’ Rights Activist, Kerala
126. Suhas Paranjape, Trustee, Shankar Brahme Samajvidnyan Granthalaya
127. Suma Josson, Filmmaker
128. Suresh Kumar, Consultant, Environment, SMMU, JOHAR & JSLPS, Jharkhand
129. Suresh Patel, Teacher, Universal Human Values, Gandhinagar
130. Sushila Aravind, Concerned Citizen
131. Swati Desai, Editor, Bhoomiputra, a Sarvodaya Fortnightly, Vadodara
132. Tamizhaga Vivasayigal Sangham (Sellamuthu) / Tamil Nadu Farmers Association (Sellamuthu)
133. Ujjwal Utkarsh, PhD-In-Practice Candidate, Academy of Fine Arts, Vienna
134. Uma R Maheswari, We-Mana
135. Umendra Dutt, Kheti Virasat Mission, Punjab
136. Usha Soolapani, Save Our Rice Campaign
137. Vaishali Gadgil, Founder- Shashwat Organics
138. Vasant Futane, Beejotsav Group, Vidarbha Region, Maharashta
139. Vijay laxmi Pandey, Professor, IGIDR, Mumbai
140. Vinay-
141. Vinodbhai Patel, Sued Farmer, Badol Kampa, Dist: Sabarkantha
142. Viren Lobo, Akhil Bharatiya Mazdoor Kisan Sangharsh Samiti
143. Vitthalbh
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