Some places are famous around the world because of a particular type of object. This object derives it roots from there or can only be found in that area. This can be attributed to various factors like climate, topography, soil terrain etc. For example, Alphonso Mangoes of Devagiri, Oranges of Nagpur etc., are some famous things that are identified by the places where they are originally cultivated.
In the international level, Lisbon Agreement for Protection of appellations of Origin and International Registration of 1958 recognized the concept of Geographical indications. This meant to recognize the region of the world with the name of the country, the place where it originated and the attribute to exclusivity and uniqueness.
According to TRIPS, geographical indication is an identity for goods that have been originated in a particular area in a country, where it is of the unique quality, reputation, and characteristic. Geographical Indication is necessary due to the following reasons-
- It recognizes the tradition of the farmers on collective basis.
- Promotion of these traditions for future cultivation.
- Encourage the human efforts and resources put in
- Protect the variety from being transmitted from one area to another.
All these factors help the cultivators as well as the consumers because the consumers can get information about the authenticity of the product, and on the other hand the cultivators are rewarded for the distinct quality, and it helps in promoting agricultural economy.
Basically, what distinguishes a trademark from the Geographical Index is that the former is an entity solely of an enterprise that helps it distinguish its product from the other products available in the market. In case of Geographical Indications, they are not owned by any enterprise but is a tag for a particular area in specific and can be owned by several enterprises in that area at that point of time.
Though India was a member state to the agreement, the actual enactment of the Geographical Indication of Goods (Registration and Protection) Act was done in 1999 and was enforces in 2003. All the credits go to the Basmati Controversy that pushed India to strengthen its laws to protect its indigenous varieties.
BASMATI CONTROVERSY
On September 1997, US Patent office granted patent to Ricetec Inc., an U.S. based MNC for new “lines and grains” of Basmati rice that they claimed to have discovered. They also claimed that this kind of rice is cultivated originally in the North America. They were further using the trademark of “Texmati”, “Jasmati” and others for several years.
There were two issues highlighted-
- According to India, the grant of patent was invalid.
- Ricetec Inc., was selling basmati rice that was geographical indication of India, hence that marketing should be disallowed.
The brief history behind this was the Basmati rice is popularly cultivated in the sub- Himalayan regions of India and Pakistan for several years and the farmers were using their traditional methods for cultivation from generations.
India stated that Basmati rice was a geographical indication of areas of India and Pakistan hence no other region should be allowed to cultivate it originally. On addition to that, with the establishment of WTO, various parts of Europe were favoring the premium quality of rice hence the Indian and Pakistani basmati was facing tough competition.
On their part Ricetec contended that they had patented the “lines and grains” that was a unique feature in their rice, and, if geographical indication was basmati then there was basmati that was being cultivated in many parts of the world like Uruguay, Thailand etc. hence it cannot indigenously of India and Pakistan solely.
They further stated that even if it was granted protection under TRIPS, then too due to lack of proper laws and protection, the name basmati was widely available in the international market and Ricetec clearly mentions its rice as “American type Basmati rice”.
Finally, after lots of deliberations and handwork put in by finding strains and samples in India, the US Patent and Trademark Office (USPTO) lastly stated that Basmati cannot be a geographical indication as it is not a place or an area but a quality of rice. After further protest from India and Pakistan on the name Basmati being used, USPTO disallowed the patent holder from using the term Basmati.
EXAMPLES OF GEOGRAPHICAL INDICATIONS
Scotch Whisky, Darjeeling Tea, Swiss Watch, Lucknow Chikankari work, Pashmina work of Kashmir, Mysore Incense Sticks, Champagne
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