Upon request by the US food and beverages giant PepsiCo, the Gujarat high court has ordered the court commissioners appointed in the case to visit cold storages in Banaskantha and Sabarkantha district to take stock and prepare inventory of special potatoes that the company holds sole right to grow.
On April 11, a civil court in Deesa town appointed a court commissioner on PepsiCo’s complaint of infringement on its exclusive rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 by two farmers Fulchand and Suresh Kachchhawa . The court ordered the court commissioner to visit Kachchhawa’s premise in village Malgadh near Deesa. The court had not ordered for a visit to cold storages, where the company claimed that the potatoes were stored.
The company was not satisfied with the civil court’s order in which it did not order the commissioner to visit the cold storages. It approached the HC, which on April 18 ordered the court commissioner to visit two cold storages named Tirupati Balaji Cold Storage in Deesa of Banaskantha and Harsol near Himmatnagar in Sabarkantha.
The HC has ordered for photographs of the infringing products, type FL-2027 potatoes, registered under trademark of FC5, lying in the cold storages and further to take stock and inventorize the products. the HC ordered to appoint a separate court commissioner for visit to cold storages in Sabarkantha district. The court commissioners have been ordered to work simultaneously on the same day without prior notice to the farmers.
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