Basmati Rice : GI Tag Row

Basmati rice is long grain aromatic rice grown for many centuries especially at the Himalayan foothills of the Indian subcontinent. It is also called as “scented pearl” and “queen of all rice”. It is characterized with extra long slender grains, which elongate to twice its original size upon cooking along with superior aroma and distinct flavor.

Why there is a need to get GI tag for basmati rice?

Due to absence of GI tag, many private parties are trying to misuse and register their products under the title ‘Basmati’, which has a premium name for itself in the global markets.

India holds 85% of share in global basmati trade. Also, basmati rice remains an iconic heritage of India and holds huge potential for exports from India. If it happens, farmers from 77 districts in India can reap the benefits. India’s basmati rice exports stood at Rs. 29000 crores in 2013-14 and Rs.27,598 crores in 2014-15.

What is the recent issue concerning Geographical Indications (GI) tag for Basmati rice?

The issue has its genesis with the granting of GI tag for basmati rice to APEDA (The Agricultural and Processed Food Products Export Development Authority), which was established by the Government of India and falls under the Ministry of Commerce and Industry. APEDA is a statutory body mandated with the responsibility of export promotion and development of a variety of products. APEDA had applied for registration of Basmati rice under class 30 of the Geographical Indications of Goods (Registration & Protection) Act, 1999. GI tag to APEDA was given representing the basmati rice growing areas of Punjab, Haryana, Himachal Pradesh, Delhi, Uttrakhand, Jammu and Kashmir and parts of Uttar Pradesh. It did not include Madhya Pradesh, so the Madhya Pradesh filed its opposition to assistant registrar of GI and got the GI tag given to APEDA withdrawn on December 2013. Subsequently, APEDA approached the Chennai based Intellectual Property Appellate Board (IPAB) and appealed before it. The IPAB reversed the assistant registrar’s order of withdrawing GI tag from APEDA on February 2016.

Recently, Madhya Pradesh had appealed and challenged the IPAB’s order before the Madras High Court and is waiting for its verdict.

What are Geographical Indications? What is its significance?

WIPO definition: “A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.”

A geographical indication right enables the GI tag holders to use the indication and prevents its misuse by a third party, whose products do not fall under the applicable standards. For example, Darjeeling tea has been given the GI tag. This tag ensures only authorized users to use the term “Darjeeling” for the tea grown in the area. Third party producers, whose products do not conform to the standards set out in the code of practice for the geographical indication, cannot use the popular product name. However, the GI tag holders cannot prevent someone from making a similar product using the same techniques as those set out in the standards for that indication. Protection is obtained by acquiring a right over the sign which constitutes the indication.

Geographical indications are typically obtained for foodstuffs, handicrafts, industrial products, agricultural products and wine and spirit drinks. Some of the examples of GI given in India are Mysore Silk, Kullu Shawl, Kangra Tea, Chanderi Fabric, Salem Fabric, Muga silk, Malabar Pepper, Lucknow Chikan Craft, Kashmir Pashmina, Thanjavur Doll, Kutch Embroidery, Blue Pottery of Jaipur, Kancheepuram Silk etc.

Who requests for the protection for a geographical indication?

Protection can be requested by a group of producers organized as an entity, such as an association or a cooperative representing them. The entity has to ensure that the product satisfies certain requirements to which they have adhered to or agreed upon. Sometimes, the protection is also requested by a national competent authority.

Which authority grants protection for geographical indication?

Protection for geographical indication is granted by the national/regional competent authority upon request by the concerned entities.

What is the stand of Madhya Pradesh on this issue?

Government of Madhya Pradesh has said that its basmati growing districts has been left out, which has put the livelihoods of thousands of its basmati farmers and their families in jeopardy. It has held that APEDA has failed to meet statutory requirements including the demarcation of the actual basmati growing areas and cited that its traditional basmati growing areas are left out without any rationality. It further claims the rice varieties grown in the state have required characteristics as mentioned in the application of the APEDA. So, according to it, the interference of IPAB with the assistant registrar’s order is not solicited.

What is the stand of APEDA on this issue?

According to APEDA, Madhya Pradesh does not fall under the geographical area of Indo-Gangetic Plain, where the basmati rice has been traditionally growing. It has further argued that the climatic conditions including temperature and day length in the state are different from the traditional basmati rice growing areas. So, according to it, the state cannot be included under the GI tag.

Who else opposes APEDA’s claim?

The Basmati Growers Association of Pakistan has also challenged the move of APEDA in IPAB stating that Basmati is the name given for the slender and aromatic long grain variety, which is grown at the foothills of the Himalayas in Pakistan. As of now, the IPAB had dismissed these petitions.

What is the Madras High Court’s order in this issue?

The High Court has postponed the issue to a later date and has ordered that APEDA should not take any precipitate action with respect to the basmati rice grown in Madhya Pradesh till a decision is taken by it.