DOI: . Pakistan opposed the move as it would deal an adverse blow to the country's exports to EU. STEP 8: Renewal A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee. A landmark case which led to India's GI laws being strengthened is the Basmati Rice case. Pakistan received the Geographical Indication (GI) tag for its Basmati rice under its Geographical Indications Act 2020: Pakistan is fighting a case in the European Union (EU) against India's move to get Basmati Rice as its product. Pakistan gets Geographical Indicator tag for basmati ... Geographical Indication (GI) is a sign used A on products that have a specific geographical origin and possess a reputation or quality that is due to that origin. "Geographical Indications and The Trade Related ... Case Study on Basamati Rice Patent Battle A case of Geographical Indication: Basmati tag triggers ... Pakistan exported . This unique grain helps sustain two‐thirds of the world's population. Pakistan Gets Geographical Indicator Tag For Basmati Rice India to Get Exclusive Rights to Sell Basmati Rice in ... Official sources told FE that . Geographical Indication: With reference to Basmati rice Geographical Indication (GI) is a sign used A on products that have a specific geographical origin and possess a reputation or quality that . and not a special name like Champagne and says that Basmati rice should be accorded the same status as other Geographical Indicated products. Basmati rice story is a morality tale, with a developing country taking on a US company and US institutions and winning. Naturally, there are many types of rice in the world, but everybody will agree that the best and the tastiest one is basmati rice. BASMATI RICE CASE STUDY Widnall D'souza 1, Department of Global MBA, School of Management, Manipal Abstract: Basmati rice is one of the important and popular grain crops of India. Rice News Today Geographical indications (GIs) deal with local issues. Intellectual property. Geographical Indications and The Trade Related Intellectual Property Rights Agreement (TRIPS): A Case Study of Basmati Rice Exports Kranti Mulik, Iowa State University John M. Crespi, Kansas State University Recommended Citation: Mulik, Kranti and Crespi, John M. (2011) "Geographical Indications and The Trade Related Since Basmati rice is traditionally grown in India and Pakistan, it was opined that granting patent to RiceTec violated the Geographical Indications Act under the TRIPS agreement. A geographical indication is a […] "I am glad to inform that Pakistan has registered Basmati Rice as Geographical Indication (GI) under Geographical Indications Act 2020," said Special . Basmati Case was an eye-opener for India, in the sense that it brought into spotlight an instance of gross exploitation of developing county rights. ISLAMABAD: Pakistan has received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for the particular strain of rice and making a case in the international market, as the country fights a case in the EU against India's move to get Basmati rice registered as its product. The case is still pending with no conclusion being reached. Punjab's Chief Minister Amrinder Singh has opposed the MP government's push for a GI tag for the long-grained rice cultivated in 13 districts of the state. The Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) was the multilateral agreement which brought the issue of geographical indications into the forefront in India. Pakistan has won the battle to register Basmati as Pakistani rice against India, which was trying to prevent Pakistan from using the word Basamati. "A Geographical Indication (GI) is a sign identifying a good as originating in a specific geographical area and possessing a given quality, reputation or another characteristic that is essentially attributable to that geographical origin". The qualities, characteristics or reputation of the product should be essentially due to the place of origin. Geographical Indication is a tool that bridges between the products and the geographical territory. 24. The final decision may swing either way, and the result may have massive financial consequences for the country that may lose the case. Basmati rice is a test case for Europe. The Rice Patent RiceTec Inc, was issued the Patent number 5663484 on Basmati rice lines and grains on September 2, 1997. . India will be able to secure its geographical indications overseas with the adoption of the Geographical Indications of Products (Registration and Protection) Act, 1999. It talks about the relation of basmati rice to India, Pakistan and USA in terms of import, export and patenting. Pakistan has received the Geographical Indicator (GI) tag for its Basmati rice, paving the way for creating a local registry for this particular strain of rice and making a case in the world markets for its protection as a Pakistani product. In this case the BASMATI rice has been defined even in the Oxford Dictionary as an exclusive variety of Indian rice which is associated with fragrance. Application No 14 for the registration of Geographical Indication (GI) of "Basmati Rice" was filed on 19 th August 2004 in Class 30 by M/s Heritage, Haryana under the Geographical Indications of Goods (Registration and Protection) Act 1999.. India and Pakistan had agreed to protect the GI of Basmati rice varieties covered by EC Regulation 1549/2004 as detailed in Council decisions 2004/617 . Basmati Rice Dispute. [4] Utsav Mukherjee, A study of Basmati Case (India-US Basmati Rice Dispute): The geographical Indication Perspective, SSRN Electronic Journal (2018-19). because the concept of GI is a very recent development in India and Pakistan. A GI tag is a sign used on products that have a specific geographical origin . STEP 8: Renewal A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee. Laws require that before applying for registration of any product in the international market it has to be protected under the geographical indication laws of that country. Pakistan was also opposing the RiceTec patent but they enacted Geographical Indication Act in the year 2020. Results suggest that the introduction of a competing product that may infringe on India's geographical indicator has lowered the product differentiation of Indian . Protection Of Geographical Indications. The recent case of Basmati rice is a clear example of how the GI registrations affect not only our nations but others too. Case Study on Basamati Rice Patent Battle 1. Range and Limit of Geographical Indication Scheme: The Case of Basmati Rice from Punjab, Pakistan January 2008 International Food and Agribusiness Management Association 11(1) Section 11(1 . Basmati rice are high quality fragrant rice which see their origin from Pakistan and India. India and Pakistan have been in a tug of war over exclusive trademark rights on long-grain Basmati rice. But they do understand simple economics, i.e. Basmati Rice Patent Battle 31-01-2016 2. India's basmati rice exports, which had touched a record Rs 29,000 crore in 2013-14, fell to Rs 27,600 crore in 2014-15, due to a decline in shipments to Iran. Now, another little battle is brewing behind the scenes for the rights to the 'Geographical Indicator' (GI) in the European Union (E.U.) This is not the first time that the two nations have disagreed at the E.U. This will mark the beginning for a local registry for the particular strain of rice and creating a case in the international market, as Pakistan is wrestling a case in the EU against India's move to get Basmati rice registered as its product. . Pakistan has achieved the Geographical Indicator (GI) tag for its Basmati rice. Geographical Indication is a form of Intellectual Property Right (IPR) included along with other IPR forms like patents and copyrights, in the Trade Related . A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg . They also noted that Basmati rice was a joint heritage of India and Pakistan and that Pakistan was as entitled to secure its Basmati rice trade as India. India guarantees that G.I protective covering is uniformly accessible to all or any sorts of goods as many Indian origin products like Basmati Rice aren't adequately protected under TRIPS Agreement, at the national level. But their latest tussle is for the Geographical Indication tag of basmati rice i Harsh V. Chandola, Lall & Sethi Advocates. Accordingly, the main purpose of a GI . Basmati War. Geographical Indications are relatively new instruments which are gaining rapid popularity in Basmati Rice: Geographical Indication or Mis-Indication. A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg . Geographical Indication is a form of Intellectual Property Right (IPR) included along with other IPR forms like patents and copyrights, in the Trade Related . The court further observed that not only should a sign be distinguishing one . Since Basmati rice is traditionally grown in India and Pakistan, it was opined that granting patent to RiceTec violated the Geographical Indications Act under the TRIPS agreement. A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg . Pakistan wins case of Basmati against India. to plant variety protection, patents and geographical indications. India applied to the EU for protected geographical indication (PGI) status for Basmati rice last year. [1] The increasing population loses the aspect of basmati rice and has specific . [2] S. Vasishta and A. R. Lall, Geographical Indications of Goods (Registration and Protection) Act, 1999, (Delhi, 2001). Geographical Indication and Basmati . The Rice Exporters Association of Pakistan (REAP) announced that Pakistan has registered Basmati Rice […] . Basmati Rice: Geographical Indication or Mis‐Indication Basmati Rice: Geographical Indication or Mis‐Indication Chandola, Harsh V. 2006-03-01 00:00:00 Introduction Throughout history, rice has been one of man's most important foods. 24 A case Study of the Basmati Rice (India-US Basmati Rice Dispute): The Geographical Indication Perspective. The Registrar also found that APEDA had not established that under Kenyan law the word BASMATI is a mark whose registration is prohibited by reason of its being a geographical indication. GI tag for rice, Darjeeling tea etc. In the year 1997, a Texas based US company named RiceTec Inc. owned by Prince Hans-Adam of Liechtenstein was granted the patent right by US Patents and Trademark Office (USPTO) to call the aromatic rice grown especially in India& Pakistan as Basmati. Under intellectual property law, owners are granted certain exclusive rights to their tangible and intangible assets. In 2008, there was disagreement regarding the world-renowned 'Pashmina . On January 27, 2021, Pakistan Commerce Advisor Abdul Razak Dawood announced that Basmati was granted GI status under the Geographical Indications (Registration and Protection) Act 2020 . 24. According to Section 2 (e) of the (Indian) Geographical Indications of Goods (Registration and Protection) Act, 1999, "geographical indication" refers to an indication that identifies agricultural, natural, or manufactured goods as originating or manufactured in a country's territory, or a region or locality within that territory.In this case . 'Basmati' as Geographical Indication: SC directs Madras HC to reconsider petitions against over-inclusion in claimed 'traditionally basmati cultivating areas' Case Briefs Supreme Court Published on September 6, 2021 September 6, 2021 By Devika Sharma The controversy over the granting of patenting rights to three new strains of Basmati rice by the U.S. Patent and Trademark Office is used as a case study to analyze the impact of incomplete protection of intellectual property. This area forms the genuine alluvial lands appropriate for Basmati cultivation. To further strengthen its case of opposition, Pakistan registered its Basmati Rice under its Geographical Indication Act 2020 on January 27, 2021. Published on 14 September, 2021 3:30 PM IST. India and Pakistan have fought three wars and numerous minor conflicts, mainly over the territorial dispute of Kashmir. For some anti-globalist activists, it has become a myth, to the point when they discuss it as if a patent battle were still under way, when in fact it was decisively settled five years ago. The two countries are the . The neighboring country, India filed a claim in the EU, sought a geographical indication tag for Basmati rice, a move opposed by neighboring Pakistan. Geographical Indication is primarily granted to agricultural, natural, manufactured, handicraft originating from a definite geographical . Geographical Indication is an indication which identifies goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin. . [BASMATI is a geographical indication and it can have multiple proprietors.] India enacted Geographical Indication Act, 1999 after the RiceTec case. It all began in 2018 when India applied for the exclusive Protected Geographical Indication . The essay emphasizes the importance of The Geographical Indications of Goods (Registration and Protection) Act, 1999; in light of the same it talks about a landmark case based on 'basmati rice' patented by the USA. Basmati is well renowned as the most aromatic rice over the world. India-Pakistan on Basmati Rice: The issue of protecting Basmati rice as a product of Pakistan came to the […] Punjab province represents 90% of overall Basmati rice production in Pakistan since immemorial times. The number of products that have the potential to be protected under the GI tag in Pakistan, include Basmati rice, kinnow, mango, ajrak etc. From biryani to pulao, Pakistan and India's shared culinary landscape is defined by basmati, a distinctive long-grain rice now at the centre of the latest tussle between the bitter rivals. 295 Countries such as India argue that TK in food products like basmati rice makes as strong a case for such heightened protection. This would give it sole ownership of the basmati title in the EU. LAHORE: Pakistan on Tuesday received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for this particular strain of rice and making a case in the . and not a special name like Champagne and says that Basmati rice should be accorded the same status as other Geographical Indicated products. 24 A case Study of the Basmati Rice (India-US Basmati Rice Dispute): The Geographical Indication Perspective. Fiddling the Appellation or Geographical Indication products is equivalent to disturbing the culture, nationalistic pride and nationalism of any society. India is the largest rice exporter in the world, netting $6.8bn in annual earnings, with Pakistan in fourth position at $2.2bn, according to the United Nations figures. Currently, the TRIPS Agreement provides heightened geographical indication protection for wine and spirits. However, it is unfortunate knowing that Pakistan has not registered basmati as a local commodity. Intellectual Property Intellectual property (IP) is a legal concept which refers to creations of mind for which exclusive rights are recognized. if the American company which has registered a patent for basmati rice continues to sell rice as American-style basmati rice, it may hurt their exports. Basmati is one of the most well-known and internationally recognized geographic implication that come from indian sub-continent. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry. Department of Commerce, Delhi University, India . Rice. After this enactment, Pakistan has obtained exclusive GI for their basmati rice but earlier, EUIPO has held that basmati belongs to both India and Pakistan. for the famous rice grain - ' Basmati'. Geographical Indications and The Curious Case of 'Basmati'. Fight between India & Pakistan over GI for Basmati rice. The Geographical Indications (GIs) are a form of intellectual property rights. And Pakistan is fighting a case in the 27-member European Union against India's move to get Basmati rice registered as its product. On 11 September 2020, India has applied for an exclusive Geographical Indications (GI) tag to basmati rice at the European Union's official registry, the Council on Quality Schemes for Agricultural Products and Food Stuffs, and mentions in its application that basmati is an Indian-origin product. Basmati Rice Patent case -. Therefore, in the recent case of Basmati rice too, with comprehensive . The Basmati rice example will illustrate the different objectives of GI protection in these two countries and in Europe. India-Pak Basmati Battle: India says it never claimed exclusivity Even as Pakistan plans to file a case against India for applying for GI or Geographical Indications Tag for Basmati Rice at European Commission Regulation, New Delhi has said it never claimed that the rice is "exclusively of Indian origin". Eventually, the Indian claim to the EU was challenged earlier this month and the main argument by Pakistan was that basmati rice was a joint product of India and Pakistan. Pakistan, which is the only other basmati rice exporter . 1059 Words5 Pages. In 1993, Basmati rice attracted the highest premium because it is a very-long grained rice, with an aroma of its own which enhances the flavors its mixed with. NEW DELHI: The governments of Madhya Pradesh and Punjab are at loggerheads over the Geographical Indication (GI) tagging of basmati rice. US 5663484 A. ISLAMABAD: Pakistan has received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for the particular strain of rice and making a case in the . Islamabad, Jan 28 (PTI) Pakistan has received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for the particular strain of rice and making a case . Basmati Rice Case Study: Basmati rice is a special kind of long-grain rice which has grown India for thousands of years and can be called a traditional product of the country. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry. and its geographical indication. Pakistan is already fighting its case against India's application for an exclusive GI (Geographical Indication) tag for basmati rice after the Intellectual Property Organisation (IPO) filed an application in the European Union (EU). The Basmati case raises . India has filed a claim in the EU seeking a geographical indication tag for Basmati rice, a move opposed by neighbouring Pakistan, which has filed its own request for protected geographical . for a GI. GEOGRAPHICAL INDICATIONS IN INDIA & THE CASE OF FAMOUS INDIAN WEAVE: BANARASI BROCADE Shruti Gulati *1 *1. Their protection generates an original scheme of governance. . According to experts, India is likely to get the exclusive right to the Geographical Indication (GI) Tag for Basmati rice in the European Union (EU) once the deadline for resolving the dispute with Pakistan expires on September 10th. LAHORE: Pakistan on Tuesday received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for this particular strain of rice and making a case in the world markets for its protection as a Pakistani product. Geographical indications are typically used for industrial products, handicrafts, and most importantly; agricultural products. They identify a product originating from a specific area, whose quality is attributable to its place of origin. . 296 Advocates of this approach argue that geographical indication protection can be made flexible enough . But their latest tussle is for the Geographical Indication tag of basmati rice in the European Union (EU) offices. Geographical Indication and Basmati . The controversy over the granting of patenting rights to three new strains of Basmati rice by the U.S. Patent and Trademark Office is used as a case study to analyze the impact of incomplete protection of intellectual property. Apeda's application for registration of Basmati as GI in Class 30 under the Geographical Indications of Goods (Registration & Protection) Act, 1999, was without the inclusion of Madhya Pradesh. Experts on Basmati rice and patents said there was no cause for worry January 28, 2021 a day after Pakistan said it had got a Geographical Indications (GI) tag for its Basmati rice. has not only brought recognition . The author is a trade policy analyst and author of "Basmati Rice: The Natural History Geographical Indication" Populated urban markets are prone to accept a premium to Basmati, whom price is the highest for rice on trade and domestic markets. Basmati Rice Case Study. "I am glad to inform that Pakistan has registered Basmati Rice as Geographical Indication . [3] India - US Basmati Rice dispute, Patent No. India will likely walk away with the sole right to the Geographical Indication (GI) tag for Basmati rice in the European Union (EU) after the deadline for settling the issue with Pakistan expired . Pakistan to register Himalayan pink salt as Geographical Indications Pakistan is fighting a case in the 27-member European Union against India's move to get Basmati rice registered as its product . Since Basmati rice is traditionally grown in India and Pakistan, it was opined that granting patent to RiceTec violated the Geographical Indications Act under the TRIPS agreement. Results suggest that the introduction of a competing product that may infringe on India's geographical indicator has lowered the product differentiation of Indian . India has applied for protected geographical indication (PGI) status from the European Union's Council on Quality Schemes for Agricultural Products and Foodstuffs. Pakistan has received the Geographical Indicator (GI) tag for its Basmati, paving the way for creating a local registry for the particular strain of rice and making a case in the international . Exporters from Pakistan and India have agreed to share ownership of the region's prized Basmati rice, seems the finest solution to the issue to reach the EU markets. Comments: This blogger was particularly delighted by the Registrar's fancy footwork in steering clear of the rice wars between India and Pakistan over the . "The current technical circumstances firmly indicate India would emerge victorious in the Basmati GI tag case at the European Commission," said S Chandrasekaran, a trade analyst and author of the book Basmati Rice: The Natural History Geographical Indication.. One of the key issues pointed in favour of India is that Pakistan has only filed its opposition to granting GI tag to India and not . 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