Topics Covered: IP related issues.
India and Pakistan’s battle over basmati:
Context:
India, the world’s largest exporter of basmati rice, has applied for protected geographical indication (PGI) status from the European Union’s Council on Quality Schemes for Agricultural Products and Foodstuffs. This would give it sole ownership of the basmati title in the EU.
What’s the issue now?
Pakistan, which is the only other basmati rice exporter in the world, has opposed this move as it would adversely impact its own exports, especially as the EU is a major market for its basmati.
What has happened?
Pakistan enacted the Geographical Indications (Registration and Protection) Act in March 2020, which gives it the right to oppose Indian application for registration of Basmati rice exclusive rights.
While India has said that it is an Indian-origin product in its application, published in the EU’s official journal on September 11.
- As per the EU’s official journal, any country can oppose the application for registration of a name pursuant to Article 50(2) (a) of Regulations (EU) of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs within three month from the date of publication.
Background:
In May 2010, GI status was given to basmati grown in Punjab, Haryana, Delhi, Himachal Pradesh, Uttrakhand and parts of western Uttar Pradesh and Jammu & Kashmir.
About GI tag:
A GI is primarily an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory.
- Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin.
What are the benefits?
Once the GI protection is granted, no other producer can misuse the name to market similar products. It also provides comfort to customers about the authenticity of that product.
Who is a registered proprietor of a geographical indication?
- Any association of persons, producers,organisation or authority established by or under the law can be a registered proprietor.
- Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.
How long is the registration of Geographical Indication valid?
- The registration of a geographical indication is valid for a period of 10 years.
- It can be renewed from time to time for a further period of 10 years each.
Who accords and regulates Geographical Indications?
At the International level: Geographical Indications are covered as a component of intellectual property rights (IPRs) under the Paris Convention for the Protection of Industrial Property. GI is also governed by the World Trade Organisation’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
In India, Geographical Indications registration is administered by the Geographical Indications of Goods (Registration and Protection) Act, 1999 which came into force with effect from September 2003. The first product in India to be accorded with GI tag was Darjeeling tea in the year 2004-05.
InstaLinks:
Prelims Link:
- What is a GI tag?
- Who grants?
- GI products in India and their geographical locations.
- Other IPRs.
- What is the EU? Various institutions under it.
Mains Link:
What is a Geographical Indication (GI) tag? Discuss its significance.
Sources: Indian Express.
