India: Basmati closer to GI protection

In order to avoid the hijack of its own vintage variety of rice, basmati, by private companies, India is attempting to obtain geographical indication (GI) protection for basmati. GI status would identify it globally as unique for qualities exclusively attributed to the place of its origin and confer legal protection against unauthorized use of the name by other rice producers. The GI scene keeps expanding with the total number of GIs registered in India amounting to 83 after 10 traditional products were added to the list in June. Income accrued from India's basmati rice exports have risen to Re35.48 billion ($839 million) during 2007 to 2008, from Re24.82 billion ($587 million) in the previous year. It is understandable why India would want this GI application to go through. Recently, India and Pakistan joined hands to obtain a joint GI registration for basmati rice, a new development in the process that started in August 2004 when the application for registration was first filed. The joint application was filed in December, and both the countries sorted out controversial issues such as the production area, chemical characteristics and aroma for the long grained, slender grain. As mandated, a common definition of basmati needs to be formulated by Agricultural and Processed food products Export Development Authority, to include farmers of the Indo-Gangetic plans of undivided Punjab, Haryana, Uttaranchal and Western Uttar Pradesh. These areas will have exclusive rights to cultivate basmati rice. Since Pakistan was also asserting equal claims to basmati being grown on its soil, the legal analysts saw no complications in segregating the basmati rice grown in Pakistan and India and obtaining GI as Indian basmati and Pakistan basmati. But soon enough, the Pakistan Trademarks Registrar accepted the application of Lahore-based company Basmati Growers Association for registration as a GI and trade mark. Now it remains to be seen how the Indian government will play its part in this complex arena to procure GI status. From the angle of protection of intellectual rights and policy making, the Ministry of Commerce and Industry will have to take action against this violation in view of its international significance. Basmati is savoured in markets such as the European Union and United States. It is worth noting that while Pakistan cultivates five varieties of basmati, India exports twelve varieties of basmati. The protection of basmati as a variety has to be prioritized while settling this bilateral issue. Any dilution of quality by procuring an unwarranted registration of basmati by associations would prove detrimental to the interest of the entire Indian subcontinent. As such, there is already a lurking threat of private companies in US marketing basmati like rice. Therefore the quicker this issue is resolved, the better it will be for the Asian market in terms of raising revenue and protecting IP rights. Courtesy : Managing IP

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