Case Note & Summary
The matter arose under the Protection of Plant Varieties and Farmers' Rights Act, 2001. The respondent, PepsiCo India Holdings Pvt. Ltd., applied for registration of plant variety FL 2027, claiming it as a new variety with the date of first commercial sale on 17.12.2009, based on an assignment from an affiliate. The petitioner, Kavitha Kuruganti, acting on behalf of farmers, sought revocation of the registration under Section 34 of the Act, alleging that the registration was against public interest and that the respondent's filing of infringement suits against individual farmers was vexatious. The authority ordered revocation. On appeal, the learned Single Judge of the High Court partly upheld and partly set aside the revocation order. Both parties then appealed to the Division Bench, which passed a common judgment. The petitioner then approached the Supreme Court by way of Special Leave Petitions, contending that the High Court had failed to adequately address her concern regarding farmers' rights under Section 39(1)(iv) of the Act, which provides that a farmer is entitled to save, use, sow, resow, exchange, share or sell farm produce including seed of a protected variety, except branded seed. The Supreme Court observed that the High Court had indeed considered Section 39(1)(iv) and had rightly found that there was no evidence that the infringement suits were vexatious or instituted as a predatory tactic. The Court held that filing of suits to protect statutory rights is not per se intimidatory or vexatious, and any allegation of vexatious litigation must be raised and proved in the appropriate forum. The Court further clarified that individual farmers may claim protection under Section 39(1)(iv) in any proceeding initiated by the respondent, provided they prove they fall within its ambit, but the Court could not restrain the respondent from taking legal remedies if its rights are infringed. Consequently, the Supreme Court disposed of the Special Leave Petitions, finding no reason to interfere with the Division Bench's judgment.
Headnote
A) Intellectual Property - Farmers' Rights - Entitlement to save, use, sow, resow, exchange, share or sell farm produce - Protection of Plant Varieties and Farmers' Rights Act, 2001, Section 39(1)(iv) - The High Court had considered the allegation regarding farmers' rights; the Supreme Court clarified that individual farmers can claim protection under Section 39(1)(iv) in any infringement proceeding initiated by the respondent, provided they prove their entitlement. Held that the respondent is not restrained from taking legal remedies if rights are infringed (Paras 4-7). B) Intellectual Property - Revocation of Plant Variety Registration - Filing of infringement suits not per se vexatious - Protection of Plant Varieties and Farmers' Rights Act, 2001, Section 34(h) - The High Court found that mere filing of suits to protect statutory rights does not attract Section 34(h) unless proved vexatious. Held that the Supreme Court concurred, finding no reason to interfere (Paras 6-7).
Issue of Consideration
Whether the High Court adequately dealt with Section 39(1)(iv) of the Protection of Plant Varieties and Farmers' Rights Act, 2001 regarding farmers' rights, and whether the infringement suits filed by the respondent constituted vexatious litigation under Section 34(h)
Final Decision
The Supreme Court found no reason to interfere with the Division Bench judgment. It clarified that individual farmers may claim protection under Section 39(1)(iv) in any proceeding initiated by the respondent, provided they prove entitlement, but the respondent cannot be restrained from taking legal remedies if rights are infringed. The Special Leave Petitions were disposed of.
Law Points
- Filing of suits for the protection of rights conferred under statute
- per se cannot be held to be intimidatory or vexatious
- Individual farmer claiming protection under Section 39(1)(iv) of Protection of Plant Varieties and Farmers' Rights Act
- 2001 entitled to do so in any proceeding and prove coverage
- Farmers' entitlement to save
- use
- sow
- resow
- exchange
- share or sell farm produce including seed under Section 39(1)(iv)
