This article has been written by Tanvitha Reddy Kadasani, a 2nd year BA LLB student of Osmania University College of Law, Hyderabad
ABSTRACT
Geographical indication (GI) is used to identify goods originating in a definite territory and possess characteristics unique to the said geographical area. India is home to many unique medicinal and botanical plants. Medicinal plants are one of the most valuable resources and also the most threatened. Biopiracy and other unethical practices result in the production of medicinal plants of inferior quality. To protect their authenticity, botanical and medicinal plants are granted a GI tag which grants further legal protection including raising an action for infringement.
WHAT IS GI AND ITS IMPORTANCE
Geographical Indication means an indication that identifies goods such as agricultural goods, natural goods, or manufactured goods that originate or are manufactured in a particular territory or locality of India to which some special quality or characteristic of the good can be attributed. GI tag is given to goods unique to a geographical location. Some examples include Alphonso mango, basmati rice, Kancheepuram silk, Darjeeling tea, Nagpur orange, etc.
Geographical Indication can be registered by an association of persons, producers, organizations, or authorities established under law. Registration for GI is not mandatory but legal protection and other perks are available on registering GI. Some benefits are:
- Legal protection of Geographical Indications in India.
- Protects from unauthorized use of GI-tagged goods by others.
- Boosts exports by providing legal protection and improves and promotes the economic prosperity of producers.
- Also makes it possible to seek legal protection in WTO countries.
WHY ONLY A FEW MEDICINAL PLANTS HAVE GI TAG
India has a rich culture of traditional treatments starting from Charak Samhita which is the only tet on restorative sciences available worldwide. India is also well known for Ayurveda. Hundreds of medicinal herbs and plants grow all over the country but unfortunately, only a few of them have been granted the GI tag. Further among those that have received a GI tag most of them are food products with ayurvedic benefits rather than herbs and medicinal plants.
The reason for this is because ayurvedic herbs are not available in a limited area or territory they grow all over India which makes them unique to India but a GI tag is not given to identify and separate goods available and manufactured in one country from another. This would require a new type of GI i.e.,. international GI. There is no globally enforceable geographical indication that protects one country from all national jurisdictions.
MEDICINAL PLANTS WITH GI TAG
While not all medicinal ayurvedic plants have not been given GI tag, here are a few that have registered geographical indication tag:
Navara Rice:
This is an indigenous variety of rice that is on the verge of extinction cultivated in the Palakkad district and surrounding districts in Kerala. It is also known as Shashtikashali in Ayurveda. The Navara rice has curative properties and is also used as the critical ingredient in Kerala for special treatment called Navarakizhi.
Green Cardamomum:
There are two categories of green cardamom found in India which have received GI tag, one is Allepey Green Cardamom found in Kerala and the other is Coorg Green Cardamom found in Karnataka. Allepey Green Cardamom is a type of cardamom found in the southern region of Kerala. It is dried in a kiln until it attains a uniform green color. It is unique for its color, size, chemical constituents, and oil content. Green cardamom is also known as elaichi in Ayurveda and is used to treat cough and asthma.
Ganjam Kewda Flower:
Kewda flower found in Ganjam district of Orissa obtained a GI tag. It is a well-known flavoring agent and is further used to treat eye problems and respiratory problems.
Saffron:
Saffron obtained a GI tag for Jammu and Kashmir. It is also known as Kumkum in Ayurveda. It is a well-known spice and is used as a medicine to treat migraines, wounds, and vomiting.
IMPORTANCE OF GI PROTECTION TO MEDICINAL PLANTS
Medicinal plants in India can be associated with the science of Ayurveda. Many ayurvedic plants unique to India have been granted GI protection. There is a high demand in the healthcare and beauty industry for natural products with lower side effects as compared to over-the-counter products. Medicinal herbs are used for many purposes in the beauty industry and medical sciences for the manufacture of medicines and pharma products. The market of Indian ayurvedic and medicinal products is huge and untapped. So despite the rich history with the use of medicinal plants, high demand, and substantial domestic trade, India has not been very successful in capitalizing on this by promoting their use in developed countries. One of the reasons as given by the Ministry of Commerce and Industry in a press release dated January 2019 was inadequate quality control.
Traditional practices of cultivation and use of medicinal herbs have eroded as the process has moved to industries. More and more industries and companies have entered the business of manufacturing using organic herbs which has made it hard to maintain authenticity. Medicinal herbs unique to a territory have traditional methods of cultivation and processes that are unique to that area and the lifestyle of natives there, they are also more sustainable in the long run compared to chemicals used in the manufacture of pharma and beauty industry which is why the use of organic medicinal plants is in trend right now. However, as more players enter the market there are bound to be unauthentic products as well, to prevent which the government has taken measures standardizing the authenticity.
The quality of medicinal plants is determined by the identity, purity, and safety as well as efficacy and standardization of medicinal plants also many other factors that need to be considered as plants have a plethora of constituents that contribute to their bioactivity which vary under many circumstances including the cultivation method and factors involved as well as the time of the day during which they are collected and processed or stored. There is a Voluntary Certificate Scheme for Medical Plant Produce introduced by the government to enhance quality procedures. However, the GI tag is internationally accepted and solves the problem of authenticity as it standardizes the medicinal plant before the grant of a GI tag and solves the problem of quality and authenticity.
CONCLUSION
Geographical indication not only ensures authenticity and standard of a medicinal herb but it also provides legal protection to discourage the production of unauthentic and inferior quality herbs. Medicinal plants are the most valuable bio-resources and the recent times the trend of using organic goods manufacturers using organic herbs instead of chemicals has increased the demand for medicinal and ayurvedic herbs. Producers and manufacturers in the competitive market have increased and more unauthentic products flood the market. India is rich in ayurvedic medicinal plants and herbs and methods of production. However, only a few of these ayurvedic plants have obtained GI tags and most of them are just food substances with ayurvedic properties. This is because the medicinal plants have qualities attributed to the Indian geographical area and grow in many places all over India which makes it difficult for them to obtain domestic geographical indication. International GI protection is necessary to protect the wealth of ayurvedic and medicinal plants that grow solely in India from all other nation’s jurisdictions, however, this concept is still at the discussion stage.
References:
The Geographical Indication of Goods (Registration and Protection) Act, 1999 [Section 2 (e)], the link for the same is herein.https://lddashboard.legislative.gov.in/sites/default/files/A1999-48.pdf
This research paper was originally written by Josef A. Brinckmann published in the World Journal of Traditional Chinese Medicine. The link for the same is herein https://www.researchgate.net/publication/269410738_Geographical_Indications_for_Medicinal_Plants_Globalization_Climate_Change_Quality_and_Market_Implications_for_Geo-Authentic_Botanicals
This research paper was written by the Strategic Investment Research Unit (SIRU) and published by the National Investment Promotion and Facilitation Agency. The link for the same is herein https://static.investindia.gov.in/2021-08/GI%20Tagging%20in%20Ayurveda.pdf
This blog was written and published by the Embassy of India, Baku, Azerbaijan. The link for the same is herein https://www.indianembassybaku.gov.in/news_detail/?newsid=278
The Geographical Indications Journal No. 112 was published by the Government of India. The link for the same is herein
https://ipindia.gov.in/writereaddata/Portal/IPOJournal/1_2677_1/Journal_112.pdf
This research paper was written by Sachin A J, Karthik Nayaka V S, Prashant Kalal, and Vijay Rakesh Reddy S and published by the Indian Council for Agricultural Research. The link for the same is herein https://epubs.icar.org.in/index.php/IndHort/article/view/123124/51521