The battle for geographical indications (GI) protection for basmati rice has taken a curious turn with Madhya Pradesh government, which is outside the Indo-Gangetic plain, throwing its hat in the ring, pitting itself against the ministries of agriculture and commerce. The Chennai-based GI Registry, in a directive issued on December 31, asked the Centre if MP could be included in the definition of traditionally basmati-growing geography, inviting strong reactions from the commerce ministry, which thinks the state’s claim is unjustified.
GI, a form of intellectual property right, is distinct from other forms of IPR as it ascribes the exclusivity to the community in a defined geography rather than to an individual as in the case of trademarks and patents.
When India began to provide GI protection a decade ago, communities within the boundaries of the Indo-Gangetic plain cultivating basmati rice were seen to be obvious beneficiaries. But the authority concerned — the GI Registry — could not grant the protection to this major farm export item, known for its aroma and long, slender grain, for long years primarily due to conflicting claims and consequent difficulty in defining the geographical area that presumably gave the rice its exclusive traits.
In 2009, the Agricultural and Processed Food Products Export Development Authority (APEDA) under the commerce ministry had applied to the GI Registry asking for exclusive (commercial) use of the basmati tag for the grain varieties grown within the boundaries of the Indo-Gagentic plain in Punjab, Haryana, Uttarakhand, Himachal Pradesh and 26 districts of western Uttar Pradesh and two districts of Jammu and Kashmir. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, APEDA is designated to be the custodian of GI rights for farm produce.
“We will file our reply with the GI Registry opposing inclusion of Madhya Pradesh in basmati rice growing zone as we are the custodian of GI on behalf of farmers who would be hit hard by this approach,” APEDA chairman Asit Tripathy told FE. He said expanding the basmati growing regions artificially would adversely impact exclusivity and exportability of basmati rice.
A GI tag could further boost