Geographical Indications for Agricultural Products: Status and Prospects

Popular Article Journal Home: www.bioticainternational.com Article: RT0111 How to cite this article? Biotica Singh et al., 2020. Geographical Indications for Agricultural Products: Status and Prospects. Research Research [Today 2(5) Spl.: 267-270. [ Today 267 Abstract Vol 2:5 eographical Indications (GI) of goods are denotation of 270 industrial properties which have a specific geographical origin 2020 Spl. Gand possess qualities or a reputation that are due to that geographical origin. Geographical indications are typically used for industrial products, handicrafts, and most importantly; agricultural Geographical In- products. GI tag for rice, Darjeeling tea etc. has not only brought recognition to the products but also has created opportunities of earning via export to the farming communities. The resources if dications for Agri- diverted towards active promotion of the products would open wide cultural Products: spectra of development. Introduction Status and Pros- eographical Indications (GI) of goods/products are denotation of industrial properties which have a pects Gspecific geographical origin and possess qualities or a reputation that are due to that geographical origin. To 1* 2 Aditya Pratap Singh , Siddharth Singh , function as a GI, a sign must identify a product as have been Pekila Bhutia3 and Sujaya Dewanjee1 originated in a given place. Also, the qualities, characteristics or reputation of the product should be essentially due to the 1Dept. of Genetics and Plant Breeding, Bidhan Chandra Krishi place of origin. Since the quality of products depends on the Viswavidyalaya, Mohapur West Bengal (741 252), India geographical place of production, there is a clear association 2Dept. of Plant Pathology, Bidhan Chandra Krishi between the product and its original place of production. Viswavidyalaya, Mohapur West Bengal (741 252), India Geographical indications are typically used for industrial 3Dept. of Vegetable Science, University of Horticultural products, foodstuffs, wine, handicrafts, and most importantly; Sciences, Bagalkot and Karnataka (587 104), India agricultural products. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, GI are covered as an element of Intellectual Property Rights (IPRs). They are also covered under Articles 22 to 24 of the Trade Related Aspects of IPR (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of The General Agreement on Tariffs and Trade (GATT) negotiations. Open Access India, being a member of the World Trade Organization, Corresponding Author enacted the Geographical Indications of Goods (Registration Aditya Pratap Singh & Protection) Act, 1999 which came into force with effect from e-mail: [email protected] 15th September 2003. Rights Provided under GI and their Keywords Geographical Indication, WIPO, Trademark, Darjeeling tea Protection geographical indication right enables the ones having the right to use the indication to prevent its use by a Article History third party whose product does not conform to the Received in 04th May 2020 A applicable standards. The right to use a protected geographical Received in revised form 12th May 2020 indication belongs to producers in the geographical area Accepted in final form 13th May 2020 defined, who comply with the specific conditions of production for the product. For example, in the jurisdictions in which the E-mail: [email protected] Darjeeling geographical indication is protected, producers of

Darjeeling tea can exclude use of the term “Darjeeling” for registrations for geographical indications are not subject tea not grown in their tea gardens or not produced according to a specific period of validity. However, GI registered to the standards set out in the code of practice for the as collective and certification marks are generally protected geographical indication. However, a protected GI does not for renewable ten-year periods. enable the holder to prevent someone from making a product using the same techniques for that indication. Difference Detween a GI and a Protection for a geographical indication is usually obtained by Trademark acquiring a right over the sign that constitutes the indication. eographical indications (GIs) identify a good as A GI is protected by three ways as follows- originating from a particular place whereas a • By so-called sui generis systems (i.e. special regimes of trademark identifies a good or service as originating protection); G from a particular company or interprise. • By use of collective or certification marks; and A trademark often consists of a arbitrary sign. In contrast, • Methods focusing on business practices, including the name used as a geographical indication is usually administrative product approval schemes. Two of the modes of protection- namely sui generis systems predetermined by the name of a geographical area. Finally, a and collective or certification mark systems - share some trademark can be assigned or licensed to anyone, anywhere common features, such as they set up rights for collective use in the world but a GI may be used by any persons in the area by those who abide by defined standards. These approaches of origin, who produces the good according to specified have been developed in accordance with different legal standards, but because of its link with the place of origin, a GI traditions and within a framework of individual historical cannot be assigned or licensed to someone outside that place. and economic conditions. In many sui generis legislations, GI Agricultural Products of India GI Trademark Product comes from a particular place/region. Product comes from a particular enterprise/company. Right is enjoyed by a community / association of Right enjoyed by only one person/company = individual right. producers = community right. Given for “Goods” (physical stuff.) Can be goods (mobile, PC etc) or service (e.g. music, spa etc.). Given for “Goods” (physical stuff.) Can be goods (mobile, PC etc) or service (e.g. music, spa etc.).

or obtaining GI for any product in India the application first Indian product to receive a GI tag, in 2004–05 through has to be filed before Registrar, Geographical Indications, the Indian Patent Office. Since then a lot many products have headquartered at Chennai. The detailed guidelines for been GI tagged. The various agricultural products which have F got GI are enlisted in the table 1. application for GI can be referred from website of Department of Promotion of Industry and Internal Trade, GOI at http:// ipindia.nic.in/guidelines-gi.htm. Darjeeling tea was the Benefits of GI Tagged Agricultural

Table 1: State wise GI tagged agricultural products State Agricultural Product Andhra Pradesh Guntur Sannam Chilli, Banaganapalle Mangoes, Araku valley Arabica coffee Arunachal Pradesh Arunachal Orange Assam Assam (Orthodox) Logo, Assam Karbi Anglong Ginger, Tezpur Litchi, Joha Rice of Assam Bihar Katarni Rice, Jardalu Mango, Magahi Paan (Betel) Goa Khola chilli Gujarat Gir Kesar Mango, Bhalia Wheat Himachal Pradesh Kangra Tea India Basmati Jammu and Kashmir Saffron (Lachha, mongra, guchhi) Table 1: Continue...

State Agricultural Product Karnataka Coorg Orange, Mysore Betel leaf, Nanjanagud Banana, Mysore Malligae, Udupi Malligae, Hadagali Malligae, Coorg Green Cardamom, Monsooned Malabar Arabica Coffee, Monsooned Malabar Robusta Coffee, Bydagi Chilli, Devanahalli Pomello, Appemidi Mango, Kamalapur Red Banana, Udupi Mattu Gulla Brinjal, Bangalore Blue Grapes, Bangalore Rose Onion, Coorg arabica coffee, Chikmagalur Arabica coffee, Bababudangiri arabica coffee, Sirsi Supari, Gulbarga Tur Dal Navara Rice, Palakkadan Matta Rice, Tellechery Pepper, Alleppey Green Cardamom, Pokkali Kerala Rice, Vazhakkulam Pineapple, Vazhakkulam Pineapple, Central Travancore Jaggery, Wayanad Jeerakasala Rice, Wayanad Gandhakasala Rice, Kaipad Rice, Chengalikodan Nendran Banana, Marayoor jaggery, Wayanad Robusta coffee Maharashtra Mahabaleshwar Strawberry, Nashik Grapes, Kolhapur Jaggery, Nagpur Orange, Ajara Ghansal Rice, Waigaon Turmeric, Mangalwedha Jowar, Bhiwapur Chilli, Sindhudurg & Ratnagiri Kokum, Waghya Ghevada, Navapur Tur Dal, Ambemohar Rice, Vengurla Cashew, Sangli Raisins, Lasalgaon Onion, Dahanu Gholvad Chikoo, Beed Custard Apple, Jalna Sweet Orange, Jalgaon Banana, Marathwada Kesar Mango, Purandar Fig, Jalgaon Bharit Brinjal, Solapur Pomegranate Manipur Kachai Lemon, Chak-Hao (Black Rice) Meghalaya Memong Narang, Khasi Mandarin Mizoram Mizo Chilli Nagaland Naga Mircha, Naga Tree Tomato Odish Ganjam Kewda Flower, Ganjam Kewda Rooh Sikkim Sikkim Large Cardamom Tamil Nadu Eathomozhy Tall Coconut, Nilgiri (Orthodox tea), Virupakshi Hill Banana, Sirumalai Hill Banana, Madurai Malli, Erode Turmeric Tamil Nadu Eathomozhy Tall Coconut, Nilgiri (Orthodox tea), Virupakshi Hill Banana, Sirumalai Hill Banana, Madurai Malli, Erode Turmeric Tripura Tripura Queen Pineapple Uttar Pradesh Allahabad Surkha Guava, Mango Malihabadi Dusseheri, Kalanamak Rice West Bengal Darjeeling Tea, Laxman Bhog Mango, Hirsapati (Himsagar) Mango, Fazli Mango grown in the district of Malda, Tulaipanji Rice, Gobindabhog Rice Products tea ran very long and had to be settled legally by court. hen a local product is given G.I. tag, it gets Role of GI tagged Agricultural Products preservation and its value rises. The Geographical in Rural Development and Farmers’ WIndication registration confers the following benefits Welfare • Legal protection to the products. eographical indications are mostly traditional • Prevents unauthorized use and exploitation of GI tag products, produced by rural farming communities products by others. over generations that have gained prominence on the • It helps consumers to get quality products of desired traits G markets for their precise and distinct qualities. and which is assured of authenticity. The recognition and protection of the markets of agricultural • Promotes the economic prosperity of producers of GI tag products allow the farming community to devote and maintain goods by enhancing their demand in national and international the precise qualities of the product on which the reputation markets. is built. This might also allow them to invest together in Along with the benefits, there are certain issues associated promoting the reputation of the product. with GI tags as well. There has been a rise in disputes over Some of the observed impacts of GI are: the question of the place of origin of the product under • The supply chain is structured and strengthened around a consideration. This gets aggravated due to a lack of clear common product reputation. historical evidence. For example, the dispute over Darjeeling • Increased and stabilized prices of the GI product.

• Distributed through all the levels of the supply chain adds indication referring to a country or to a place situated therein value. as being the country or place of origin of that product. • Natural resources can be preserved and sustained on which • Under Articles 1 (2) and 10 of the Paris Convention for the the product is based. Protection of Industrial Property, GI are covered as an element • Preservation of traditions and traditional expertise. of IPRs. • Boosted tourism. • So far many agricultural products ranging from field crops Way Forward for GI like rice; flowers, fruits etc. to plantation crop like tea have got GI in India. he tag for geographical indications needs to be allotted • Typically, the GI tag conveys an assurance of quality and only after a thorough historical and empirical inquiry distinctiveness which is essentially attributable to the fact of its Tto avoid conflicts. For products whose origin can’t be origin in that defined geographical locality, region or country. effectively traced, either both the states should be given • Promoters of Geographical indications regard them as strong ownership or none of the regions be provided with the GI tools for protecting their national property rights. Opponents, tag. The focus of the states and the community needs to shift however, consider GI as a barrier to trade. from mere certification for the sake of regional recognition and benefit and instead divert all resources towards active promotion of the products. Conclusion • Geographical Indications of Goods are defined as that aspect of industrial property which refers to the geographical