New Delhi, Nov 24: India has decided to patent its unique products, from Darjeeling tea to Pashmina shawls, based on their geographical origins in a bid to protect them from foreign poachers.The onus would be on state governments to lobby the Government to include the products of their own states in the list of commodities that will be registered.
The Union Cabinet on November 19 approved the proposal to introduce a new bill - the Geographical Indication of Goods' Registration and Protection Act Bill - mandated by the Trade Related Intellectual Property Rights (TRIPS) agreement. With the enactment of the new bill, a variety of products will be registered as specialities of the areas they originate from. Under the bill, such products as Darjeeling tea, Alphonso mangos, Malabar pepper and Alappuzha cardamom will be registered as the unique products of their geographical points of origin.
Experts said India should have brought the bill earlier as it had the mandate of the TRIPS agreement. "Had we done it earlier we could have protected the patent rights of many products like Darjeeling tea and Basmati rice. Foreigners took advantage of this lapse. But it is never too late," an expert told IANS. Texas-based U.S. firm RiceTec has patented a strain of the aromatic Basmati rice that is grown in India and Pakistan. The new bill will help India protect the patent rights of a wide range of products unique to the country. "Darjeeling tea is known as such because it is grown in Darjeeling. Darjeeling's climate, soil and the moisture in the atmosphere give it a special taste and character. So is Malabar pepper," said an official in the Commerce Ministry.
He pointed out that even Vietnam pepper is sold in the world market labelled Malabar pepper. "Once India registers its patent for Malabar pepper, nobody else can sell it under that label," he said. But the distinction will be acceptable to the World Trade Organisation (WTO) only after the country wraps up the legislative process. Under the bill, the qualities and specialities of a product should be specified when it is registered.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.