In recent news, Pakistan has obtained the Geographical Indication (GI) tag for its Basmati rice under its Geographical Indications Act 2020. This move comes as part of an ongoing legal dispute in the European Union (EU), where India has sought to register Basmati Rice as its own product.
The core issue at hand – acknowledgement of Basmati rice as a product of Pakistan – emerged after India, in September 2019, filed a claim to the EU, asserting exclusive ownership over the commodity. India further stated that the region producing Basmati is a part of northern India, beneath the foothills of the Himalayas and as part of the Indo-Gangetic plain. Pakistan countered this claim in December 2019, arguing that Basmati rice was a joint product of both countries.
The International Laws & Pakistan’s Legal Arsenal
International laws dictate that before registering any product in the international market, it must be protected under the geographical indication laws of the country. In response, Pakistan launched the Geographical Indications (Registration and Protection) Act in March 2020. The law empowers Pakistan with the ability to oppose Indian application for exclusive registration rights for Basmati rice.
The Significance of Pakistan’s GI Tag for Its Basmati Rice
A GI tag could potentially bring robustness to Pakistan’s case in the EU. Pakistan annually exports between 5,00,000-7,00,000 tonnes of Basmati rice globally, of which around 2,00,000 to 2,50,000 tonnes are shipped to EU countries.
The Effect on India
Despite this development, India’s Basmati exports will not be impacted if Pakistan secures the GI tag. Being a joint heritage, both India and Pakistan have equal rights in trade for Basmati rice. Earlier, India had tried to hinder Pakistan’s trade in the EU by declaring its Basmati rice as geographically original.
India’s Battle for the GI Tag for Basmati Rice
India is a producer of premium Basmati rice cultivated in the Indo-Gangetic Plains (IGP) area of India and 18 districts of Pakistan’s Punjab. The country has strived hard to protect the Basmati name from the encroachment of other nations producing their versions of Basmati. The Agricultural and Processed Food Products Export Development Authority (APEDA) was granted the GI tag for regions in the IGP, below the Himalayan foothills, spanning seven states in May 2010.
The Prestige of Basmati Rice
The fame of Basmati rice comes from its ‘long-grain, aromatic rice’ characteristics that are linked with the IGP. The Dehraduni Basmati, Amritsar Basmati, and Tarawari Basmati are few strains of this rice that have gained popularity over hundreds of years.
Understanding the Geographical Indication (GI) Tag
A Geographical Indication (GI) is a mark used on products with a distinct geographical origin bearing qualities or reputation attributed to said origin. The GI protection prohibits third parties from misusing the name for similar product marketing and ensures customer confidence on the product authenticity.
International Protection for GI and India’s Efforts
Internationally, GIs fall under Intellectual Property Rights (IPRs) covered by the Paris Convention for the Protection of Industrial Property and the World Trade Organisation’s (WTO’s) TRIPS. As a WTO member, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 that came into effect from 2003. This act offers registration and protection of GI goods in India, controlled by the Controller General of Patents, Designs, and Trademarks.
