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Volume :1 Issue :3 August 2020 Article No. :9 Trade Benefits of Agricultural Commodities Registered under GI Dhananjay N. Gawande1* and Dibendu Datta2 1Scientist, ICAR-National Research Centre for Grapes, Pune, Maharashtra. 2Principal Scientist, ICAR-Indian Institute of Pulses Research, Kanpur, Uttar Pradesh. Corresponding author*: [email protected]

ABSTRACT Many agricultural produce pertaining to a specific geographical location have unique quality and taste. The trade interest of farmers producing such location specific premium quality produce can be protected through registration of these products under Geographical Indication (GI) of goods Act. If a product is registered under GI Act, only actual producers (as defined in the registry of the GI good) are eligible for doing commerce. GI Act prevents unauthorized producers from marketing the GI protected goods through legal protection and thus prevent the sale of spurious goods under GI banner. It provides competitive advantage to the producers and also offers consumers the genuine products.

INTRODUCTION The marketing of agricultural goods are driven by consumer preferences. and Darjeeling tea fetches premium price for possessing special aroma and flavor. Quality of produce offers the producer the competitive advantage in market. GI Act was placed with the objective to protect the interest of real producers of quality goods originating from a specific geographic territory. Effective implementation of GI act at international level is important to benefit the local people associated with the production of GI goods through commercialization of the products.

Genesis of GI in Consequent upon India joining as a member state of the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights); a sui generis legislation for the protection of Geographical Indications was enacted in 1999. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force on 15th September, 2003. The Geographical Indications (GI) Registry was established in Chennai with effect from the same date. Article 22.1 of the TRIPS Agreement defines Geographical Indications as “..indications which identify a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." The Object of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is three fold, firstly by specific law governing the geographical indications of goods in the country which could adequately protect the interest of producers of such goods, secondly, to exclude unauthorized persons from misusing geographical indications and to protect consumers from deception and thirdly, to promote goods bearing Indian geographical indications in the export market” [3]. It was enacted to protect the interest of the original

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Agriculture Observer 1(3): August 2020 Gawande and Datta producer of unique quality goods that have attained high reputation and fame owing to the specific attributes of a particular geographical area either because of climatic factors or traditional knowledge and skill or combination of both. World Intellectual Property Organization (WIPO) defined geographical indication (GI) as “A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production” [5]. GI is an indication that the good which is being commercialized under that name has originated from a definite geographical territory either as agricultural produce (e.g. Nagpur orange) or natural produce (e.g. Missouri Rock Phosphate) or Manufactured/ handicrafts (e.g. Banarasi saree) or some specific local food product (e.g. Agre ka petha) and it has a special quality or reputation or other characteristics attributable to that origin. Due to involvement of trade related activity, the GI is marginally related to trademarks. A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory. GI is limited to goods only whereas, in the law, trademark may be registered for services as well. An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered. The registration of a geographical indication remains valid for a period of 10 years. It can be renewed from time to time for further period of 10 years each. Only authorized user has the exclusive rights to the use of geographical indication for trade purpose [4]. Only registered proprietor or authorized users of a registered geographical indication can initiate an infringement action. The registered proprietor of the GI and the authorized user of GI have the right to obtain relief in respect of infringement of the geographical indication. Infringement cannot be filed for an unregistered geographical indication.

Registration Process for GI Any association of persons, producers, organization or authority established by or under the law can apply for the registration of a geographical indication. These applicants would be the proprietor of a GI if that GI registered successfully in the Register of Geographical Indication (www.ipindia.nic.in : Geographical Indications (GI) Intellectual Property India). A producer of GI good can apply in a prescribed manner along with prescribed fee for registering him/her as an authorized user of a registered geographical indication. Essential application forms are available online on http://www.ipindia.nic.in/forms- gi.htm . Application must be made in triplicate and duly signed by applicant or his agent. It must furnished the details of the special characteristics, how those standards are maintained and three certified copies of the map of the region to which the GI relates. Fourth schedule of the act has classified the goods to be registered into 34 different classes. For registration in each class, ₹ 5000/- is the prescribed registration fee (http://www.ipindia.nic.in/fees-gi.htm ). Where an application for a GI has been accepted, the registrar shall register the geographical

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Agriculture Observer 1(3): August 2020 Gawande and Datta indication. The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry. A registered geographical indication cannot be assigned or transmitted. However, when an authorized user dies, his right devolves on his successor in title.

Salient Features of GI

a) Like trade mark, GI is used in product marketing b) It is represented in words, figures, graphics, diagrammatic presentations or any specific combination of these indications c) It is a collective intellectual property of the entire community or society d) It represents a specific link between goods and place of their production e) Only registered users can independently exploit the GI for commercial purposes f) GI cannot be assigned or transmitted or pledged or mortgaged g) Initially GI is granted for 10 years and can be renewed further h) Applications of GI can be moved by registered societies or NGO’s or Government organizations

Commercial significance of GI registered Agricultural commodities A Geographical Indication (GI) acts as a mechanism that helps producers differentiate their products from competing products in the market and enables producers to build a reputation and goodwill around their products that will fetch a premium price [2]. The use of GI enables producers to get premium price for their goods by the way of market identity. In the regime of global market for agricultural produce and other manufactured or natural goods, GI has assumed importance for providing edge to the agricultural/horticultural products. It will also boost the conservation of traditional knowledge and community skills. Registration of GI is not compulsory but it facilitate registered proprietor and authorized users to take action for infringement and thus allows exclusive right to use the geographical indication for commerce. Well protected and pro-actively used, GIs are a very interesting marketing tool because they can convey a lot of information from the producer to the consumer. GI give the producers of a region the exclusive right to use the indication for their products originating from that region. It also means that they have the right to prohibit any unauthorised use or imitation of the sign on a product that is not from the designated area or which does not have the qualities guaranteed by the GI. Thus GI acts as a signalling device that helps the producers to differentiate their products from competing products in the market and enable them to build a reputation and goodwill around their products which often fetch a premium price. Given its commercial potential the legal protection of GI assumes enormous significance. Without such protection, competitors not having legitimate right on a GI might ride free on its reputation. Such unfair business practice result in loss of revenue for the genuine right holders of the GI and also misleads the consumers. GI is a collective right therefore individual producer cannot register goods under GI act. It is mandatory on the part of producer of a GI good to form an association or organization or group or society established under the law to apply for GI registration. Geographical indications contribute to sustainable development. This makes them valuable to producers in both they wish to offer their diverse products, identified by the GIs, on the globalised market [1]. In India total 370 goods have been registered under this act till April, 2020 out of which 112 are agricultural and horticultural commodities (Table 1).

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Table 1. Agricultural and Horticultural products registered under GI in India No. Application Geographical Indications State No. From April 2004 – March 2005 1 1 & 2 Darjeeling Tea (Word & Logo) West Bengal From April 2005 – March 2006 2 25 Kangra Tea Himachal Pradesh 3 33 Coorg Orange From April 2006 – March 2007 4 34 Mysore Betel Leaf Karnataka 5 35 Nanjanagud Banana Karnataka From April 2007 – March 2008 6 69 Mysore Malligae Karnataka 7 70 Udupi Malligae Karnataka 8 71 Hadagali Malligae Karnataka 9 17 10 36 Palakkadan Kerala 11 49 & 56 Malabar Pepper Kerala, Karnataka & Tamil Nadu 12 50 Allahabad Surkha Guava Uttar Pradesh 13 85 Monsooned Malabar Arabica Karnataka & Kerala 14 114 MonsoonedCoffee Malabar Robusta Karnataka & Kerala 15 72 AlleppeyCoffee Green Cardamom Kerala & Tamil Nadu 16 78 Coorg Green Cardamom Karnataka 17 110 Eathomozhy Tall Coconut Tamil Nadu 18 81 (Logo) Kerala 19 111 Malda Laxman Bhog Mango West Bengal 20 112 Malda Khirsapati (Himsagar West Bengal Mango) 21 113 Malda Fazli Mango West Bengal 22 109 Naga Mircha Nagaland 23 116 & 117 Nilgiri (Orthodox) Tamil Nadu 24 115 & 118 Assam (Orthodox) Assam 25 124 Virupakshi Hill Banana Tamil Nadu 26 126 Sirumalai Hill Banana Tamil Nadu From April 2009 – March 2010 27 125 Mango Malihabadi Dusseheri Uttar Pradesh 28 130 & 141 Vazhakulam Pineapple Kerala 29 131 Devanahalli Pomello Karnataka 30 132 Appemidi Mango Karnataka 31 133 Kamalapur Red Banana Karnataka From April 2010– March 2011 32 143 Guntur Sannam Chilli Andhra Pradesh 33 154 Mahabaleshwar Strawberry Maharashtra 34 163 Central Travancore Jaggery Kerala 35 186 Wayanad Jeerakasala Rice Kerala 36 187 Wayanad Gandhakasala Rice Kerala

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37 165 Nashik Grapes Maharashtra 38 129 Byadagi Chilli Karnataka From April 2011 – March 2012 39 185 Gir Kesar Mango Gujarat 40 192 Bhalia Wheat Gujarat 41 199 Udupi Mattu Gulla Brinjal Karnataka 42 229 Ganjam Kewda Flower Odisha From April 2012 – March 2013 43 238 Madurai Malli Tamil Nadu 44 211 Bangalore Blue Grapes Karnataka From April 2013 – March 2014 45 205 Kalanamak Rice Uttar Pradesh 46 242 Kaipad Rice Kerala 47 240 Kolhapur Jaggery Maharashtra 48 385 Nagpur Orange Maharashtra & Madhya Pradesh From April 2014 – March 2015 49 212 Bangalore Rose Onion Karnataka 50 374 Naga Tree Tomato Nagaland 51 375 Arunachal Orange Arunachal Pradesh 52 376 Sikkim Large Cardamom Sikkim 53 377 Mizo Chilli Mizoram 54 435 Assam Karbi Anglong Ginger Assam 55 436 Tripura Queen Pineapple Tripura 56 479 Chengalikodan Kerala Nendran Banana 57 438 Tezpur Litchi Assam 58 465 Khasi Mandarin Meghalaya 59 466 Kachai Lemon Manipur From April 2015 – March 2016 60 437 Memong Narang Meghalaya 61 145 Basmati Punjab/Haryana/HimachalPrade sh/Delhi/Uttarakhand/Uttar Pradesh/Jammu & Kashmir 62 470 Ajara Ghansal Rice Maharashtra 63 472 Mangalwedha Jowar Maharashtra 64 474 Sindhudurg & Ratnagiri Maharashtra Kokum 65 476 Waghya Ghevada Maharashtra 66 477 Navapur Tur Dal Maharashtra 67 489 Vengurla Cashew Maharashtra 68 491 Lasalgaon Onion Maharashtra From April 2016 – March 2017 69 490 Sangli Raisins Maharashtra 70 494 Beed Custard Apple Maharashtra 71 495 Jalna Sweet Orange Maharashtra 72 520 Uttarakhand Tejpat Uttarakhand 73 471 Waigaon Turmeric Maharashtra 74 500 Purandar Fig Maharashtra

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75 501 Jalgaon Bharit Brinjal Maharashtra 76 502 Solapur Pomegranate Maharashtra 77 473 Bhiwapur Chilli Maharashtra 78 478 Rice Maharashtra 79 493 Dahanu Gholvad Chikoo Maharashtra 80 498 Jalgaon Banana Maharashtra 81 499 Marathwada Kesar Mango Maharashtra 82 439 Of Assam Assam From April 2017 – March 2018 83 241 Banaganapalle Mangoes Telangana & Andhra Pradesh 84 531 Gobindobhog Rice West Bengal 85 530 Tulapanji Rice West Bengal 86 543 Nilambur Teak Kerala 87 551 Bhagalpuri Zardalu Bihar 88 553 Katarni Rice Bihar 89 554 Magahi Paan Bihar From April 2018 – March 2019 90 558 Boka Chaul Assam 91 139 Alphonso Maharashtra 92 552 Shahi Litchi Of Bihar Bihar 93 496 Sangli Turmeric Maharashtra 94 604 Coorg Arabica Coffee Karnataka 95 605 Wayanaad Robusta Coffee Kerala 96 606 Chikmagalur Arabica Coffee Karnataka 97 607 Araku Valley Arabica Coffee Andhra Pradesh & Odisha 98 608 Bababudangiris Arabica Coffee Karnataka 99 432 Himachali Kala Zeera Himachal Pradesh 100 464 Sirsi Supari Karnataka 101 231 Erode Manjal (Erodeturmeric) Tamil Nadu 102 613 Marayoor Jaggery Kerala (Marayoor Sharkara) 103 611 Jeeraphool Chhattisgarh April 2019 – March 2020 344 610 Kandhamal Haladi Odisha 346 616 Kodaikanal Malai Poondu Tamil Nadu 353 593 Gulbarga Tur Dal Karnataka 354 641 Tirur Betel Leaf (Tirur Vettila) Kerala 356 618 Khola Chilli Goa 361 609 Kaji Nemu Assam 362 572 Chokuwa Rice of Assam Assam 364 602 Chak – Hao Manipur April 2020-Till date 366 635 Kashmir Saffron Jammu & Kashmir

CONCLUSION Geographical Indications is intellectual property right. GI offers a scope for protecting the livelihood and improving the living standard of the local people. It also boost the conservation of traditional knowledge and community skills. Nationwide awareness of GI not only protects the biodiversity, culture and heritage of the country but also improve the living

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Agriculture Observer 1(3): August 2020 Gawande and Datta standards of primary producer. A producer of GI can be a farmer or persons engaged in processing, trading or dealing agricultural produce/natural goods or persons engaged in the making, manufacturing, trading or dealing of handicrafts and industrial goods. Farmers can get good remuneration from selling GI products by registering them under GI. The climatic and geographical diversity enables us to produce unique quality agricultural goods which have the special identity and demand in the national and international market. GI eventually promotes economic prosperity of producers of goods produced in a geographical locality.

REFERENCES [1]Kasturi Das, 2009. Socio-Economic Implications of Protecting Geographical Indications in India. Centre for WTO Studies, p.6. [2]Shashikant B. Bagade* and Deven B Metha, 2014: Geographical Indications in India: Hitherto and Challenges. Research Journal of Pharmaceutical, Biological and Chemical Sciences, 5(2) Page No. 1225-1239. [3]www.ipindia.nic.in/manual-gi.htm [4]www.ipindia.nic.in/the-registration-process-gi.htm [5]www.wipo.int/geo_indications/en/

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