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PrathameshTakane
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With the farmers refusing to back down, and with PepsiCo now offering an out-of-court settlement, the latter has effectively withdrawn the threat of the infringement suit. Perhaps it was never about legality, just brute economic might masquerading as legality. That PepsiCo was on weak legal ground may have been a matter well-known to its lawyers. But interestingly, even the worst-case scenario may have held the promise of dividends. How a legal provision plays out is seldom a foregone conclusion. It is contingent on a number of factors coming together political, legal, financial, media attention, to name just a few not an easy conjuncture to replicate, especially for the small guys. A precedent like this will always hang like a sword, possibly deterring future farming of these hot potatoes.
Indian law grants the farmers and breeders co-equal rights. But the PPV&FRA law is mired in conflicting claims and jurisdictions, may not be able to enact a similar redress in future contests. Beyond legalities, it's time we, as a society, understood a simple truth unfettered IP rights will always have the capacity to hurt the small farmers. It's time we understood that they also serve who only stand and wait. Put contextually, they also innovate who plant and cultivate.