EU basmati GI tag: India gains edge
EU publishes Pak application under new clause, to make New Delhi owner of the fragrant rice
In a development that gives India the advantage to gain geographical indication (GI) tag for its basmati rice, the European Union (EU) has republished Pakistan’s application for such a tag for the fragrant rice under a new clause.
The EU re-published Pakistan’s GI application tag on April 30 under Article 49 (5) of regulation (EU) repealing the February 23 publication of Islamabad’s application by it under Article 50 (2) of EU regulation. “The re-publication of Pakistan’s application for GI is a clear indication that India clearly is the owner of basmati rice,” said S Chandrasekaran, a trade analyst and author of the book “Basmati Rice: The Natural History Geographical Indication”.
This is because India’s application, filed in July 2018, for GI tag has been listed under Article 50 (2) of EU regulation. The re-publication of Pakistan’s application has been done by the EU on its own, which is seen as an internal and technical decision.
WHAT IT MEANS
Under Article 50(2), an application for GI tag can be submitted either directly or through a third country. However, in the case of Pakistan the EU has invoked Article 49(5), which stipulates that the product for which GI tag has been sought should be protected in the country of its origin.
The di£erence between Indian and Pakistan applications is that the publication of India’s application for GI tag by the EU did not mention that basmati is grown in Pakistan. On the other hand, the publication of Pakistan basmati application says the long-grained rice is also being grown in specific areas of India.
Though the Book of Specification of Basmati rice by Pakistan does not mention that India grows basmati rice, the EU has inserted the sentence in the application. This means the Indian application is being considered as primary and will be the foundation for fragrant rice’s GI tag. This development will result in the EU asking Pakistan to come back after talking to New Delhi and registering its basmati varieties in India once India objects to Islamabad’s application.
DIPLOMACY PAYS OFF
“Prime Minister Narendra Modi’s diplomacy is paying dividends,” said Chandrasekaran, pointing to the joint statements issued by India and the EU after the annual summit on October 6, 2017, and following EU-India leaders meeting on May 8, 2021. In the 2017 statement, EU said it would “welcome India’s application for protection as a geographical indication of Basmati and shall process any such future application, as expeditiously as possible.”
In 2021, it said, “We recognised our mutual interest in protecting geographical indications. In this regard, we underlined the benefits of a balanced bilateral agreement on the protection of geographical indications. We look forward to the early conclusion of the MoU between the EU Intellectual Property O¦ce and Department of Promotion of Industry and Internal Trade.”
The other issue that gives India the advantage is that basmati rice has been grown in the country for over 200 years, whereas Pakistan cannot claim so. A protected GI tag is given for a produce only if evidence is presented that it has been grown or produced for over 200 years.
GAIN FOR FARMERS
The EU will unlikely look at providing GI tag for “contemporary products” as it would a£ect its wine and cheese sectors. It will also put several bilateral GI agreements under Article 23 of Trade Related Intellectual Property Rights (TRIPS) under stress.
The latest development is seen as treating Pakistan’s application as “reactionary” in response to India’s application for GI tag. The net result of the latest development is a boon to farmers in Haryana, Punjab, Uttar Pradesh and Himachal ,” said Chandrasekaran.