The GI tag for Basmati, an aromatic long-grain rice variety grown in the Himalayan foothills of India and Pakistan, seems to have become an uphill task with Pakistan refusing India’s offer of joint registration of basmati under the Geographical Indications Act. Agricultural and Processed Food Products Export Development Authority (APEDA) had offered to jointly register basmati under GI along with the Rice Exporters’ Association of Pakistan, which was rejected by the Pakistan government. Adding to the problem is Pakistan’s grant of a trademark (TM) to Basmati Growers Association (BGA) while setting aside the opposition of APEDA.

As a counter to the recent developments, the government has made a move to empower the APEDA for undertaking the GI registration process. In an earlier development, an application from the Haryana-based Heritage Foundation for GI registration was refused by the registry citing inadequacies and flaws in the application.

An ordinance to vest APEDA with statutory powers to deal with registration and protection of intellectual property rights for basmati is with the commerce minister. The Parliament is expected soon to discuss the amendment to the APEDA Act, which seeks to bestow upon the export promotion body, with the power to register basmati under GI. The APEDA, which is primarily an export promotion body, is thought to correctly represent the stakeholders as it has been working for a decade to protect basmati rice through legal cases abroad. According to the news report, APEDA spends Rs. 3-4 crore annually in legal cases in order to protect basmati against IPR violations across the world.

The dispute between India and Pakistan over Basmati is an interesting trans-border issue involving the IPR tool of GI. Both the countries share the Himalayan foothills and the basmati, as per the news report, was earlier termed as a ‘common heritage’ and India and Pakistan as joint owners. In the present circumstances much will depend, after filing and getting registration in GI office in Chennai, on the government’s initiative for registering in all the major exports markets like Africa, Middle East and European Union.

A GI status to Basmati would bring huge benefits to Indian basmati exporters.