Despite the delay in registering basmati rice under the Geographical Indications (GI) act for protection against its misuse abroad and in domestic market, the process of registration of various other products is gradually picking up in the country.
Close to hundred products, have been granted GI registration in the last five years. GI registration is given to products with a reputation that can be attributed to its place of origin or the area where it is manufactured for preserving its identity and uniqueness and providing protection against infringement.
Darjeeling Tea, Kullu Shawl, Kancheepuram Silk, Kollhapuri Chappal, Mysore Sandalwood Soap, Poddar Diamond, Alleppey Green Cardamom, Udupi Jasmine, Tanjavur Paintings, Thanjavur Art Plate, Sikki Grass products of Bihar etc are just few products to have been granted GI registration till date.
Official data indicate that since the passage of Geographical Indications of Goods (Registration and Protection) act, 1999, came into affect in September, 2003, 97 products belonging to agricultural, natural, manufactured or industrial, handicrafts and food categories have been granted GI registration in India for the period of 10 years.
At present 144 applications for GI registration is being examined and processed by the Chennai based Geographical Indications Registry of India. However, only Andhra Pradesh, Kerala, Karnataka, Tamil Nadu, Jammu & Kashmir, Himachal Pradesh and a few northeastern states account for a bulk of applications for GI registration for a range of products ranging from agricultural & horticultural commodities, handicrafts including a wide variety of textile items, toys, furniture, food stuffs and industrial or manufactured goods.
?Protecting through GIs protects the unique culture, heritage and tradition as most of our GIs are interwoven into our socio-cultural and economic system,? GK Muthukumaar, senior associate, Anand and Anand, a legal firm which has handled many GI applications.
?There are have been several instances of denial of GI registration to several products as substantial parts of processing prior to finalization of products were done outside the marked geographical locations,? SS Chandel, Himachal Pradesh Patent Information Centre, said.
As per the GI act, a person caught infringing a registered GI is liable for imprisonment of 6 months to 3 years apart from fine which may vary from a minimum of Rs 50,000/ to a maximum of Rs 2 lakhs. Under the TRIPS agreement, countries are under no obligation to extend protection to a particular GI unless that product is protected in the country of its origin.
According to an Agricultural and Processed Food Products Export Development Authority (APEDA) official, the process of GI registration is a techno legal effort.
The Indian GI law also provides for a detailed examination procedure to ensure that the standards are maintained and quality is ensured. APEDA has been mandated by the government to support GI registration of specific agricultural products and the authority is in the process of filing joint application for GI for basmati rice with Pakistan.
?There are scopes for inclusion of large number of agricultural products under GI which give boost to exports,? the APEDA official said.