HIJACKING THE GI OF TRADITIONAL BASMATI RICE

BACKGROUND:

The premium rice variety popularly known as ‘Basmati’ from Northern India is most crucial example of the growing significance of Traditional Knowledge. Its sustainability, protection of its IP Rights and survival of Lakhs of farmers, is a big challenge.

Whenever we talk about Basmati, no one refrains from referring to the various patents granted and subsequent cancellation to phonetically similar varieties of Basmati Rice by USPTO and surrounding international controversies. This issue is now well settled and one needs to proceed further.

How to protect the indigenously lined Traditional Basmati growing community in India is a burning issue for any of the IP Rights activist.

What is Basmati is still undefined, though there are unending numerous definitions/ claims.

Exports across country are lobbying to encash the Brand value of Basmati by repeatedly enlarging its definition by inclusion of various highbred fast growing rice varieties into its arena. It may be considered crucial from their commercial benefits but its impact upon the genuine Basmati growing areas and farmers is not at in discussion. The addition of highbred fast growing rice varieties as ‘Basmati’ in comparison of Traditional Basmati varieties is due to its fast and rich harvesting. The production of genuine traditional Basmati varieties takes more than double the time than taken by its highbred varieties. How far it has the linked benefit sharing benefits to the genuine farmers of Basmati growing, whose interests are compromised, is an unresolved issue which still remains unaddressed.

Various Indian Public Service Undertakings, agricultural research bodies/ organisations are making efforts not to protect Basmati but to enhance its own reputation by pretending to be working for protection of Traditional Basmati rice.

STATUS OF ‘THE HERITAGE’:

This is the only exclusive NGO (a Society) registered under Society Registration Act constituting of all Traditional Basmati Growing farmers as its members. This Haryana based society having it’s headquarter at ‘Tarorari’, which is an undisputed place of Traditional Basmati variety having historical linkage. This is an absolutely non-profit making organisation having no commercial objective. This is constituted in 2004 with the sole objective of protecting the IP values of Traditional Basmati under Indian Geographical Indications Act 1999.

BASMATI GI APPLICATION BY THE HERITAGE:

In August 2004, an application for GI registration was filed by the aforesaid NGO The Heritage. The application was filed along with entire supporting records consisting of various Historical evidence, growing areas and its maps, list of growers, producers and with related Indian Government Rules and regulations, running into more than 200 pages.

The GI Registry prior to constitution of Consultative Committee as envisaged in GI Rules raised certain objection which were answered in detail and on merits. Thereafter the Consultative Committee in its first meeting at New Delhi on 26^th November 2006. Prior to the said Meeting the national newspaper ‘The Hindu’ published from Chennai circulated a news article that the application has been rejected. This highly objectionable news article was brought to the notice of the Consultative Committee in its hearing and it was agreed upon to keep the proceedings confidential and not to be leaked to anyone including the press.

The objections raised by the aforesaid Consultative Committee relating to the Structure of applicant and technical flows were removed. The amended application was filed on 01/03/2007 by the said ‘The Heritage’. In the amended application so filed the applicant has included all Traditional varieties of basmati its genetic structure and other requite scientific details.

The Registrar has not issued any ‘Examination Report’ till date.

Despite non issuance of any ‘Examination report’ as mandatory under GI Rules, The registrar of GI opted to conduct couple of meetings behind the applicant back were conducted at Chennai. The proceedings of which were not communicated to the applicant till yet. But the Registrar of GI did communicated to the applicant that hearing thereof shall take place, which has still not taken place.

Hence the GI application filed the ‘The Heritage’ is still pending. Though the office of registrar of GI, its officials, and the officials of Ministry of Commerce leaked the proceedings of Consultative Committee held on 26^th November 2006 to press and as widely reported by spiecyIP on blogs.

It is being deliberately and intentionally projected that the application stand rejected while the same is still pending.

BASMATI & APEDA:

APEDA (Agricultural and Processed Food Export Development Authority) constituted as a statutory body under the Indian Parliament Act in 1985 is primarily with the objective to protect, regulate and enhance the Exports of certain Indian agricultural products and processed food products.

Pursuant to the enactment of Geographical Indications laws in India, its controlling Ministry of Commerce (DIPP) vide its letter dated 31^st January 2003 addressed to APEDA appointed Mr. V. Ravi Kumar as Escorts Officer to extend appropriate activist and facilitate process for filing GI application by APEDA. Incidentally the said Mr. V. Ravi Kumar is the Registrar of Geographical Indications of India.

Though the laws doesn’t confer any power upon the Ministry of Commerce to issues such a directive of naming a particular GI applicant and appointing the quasi judicial authority for adjudicating the application of GI as its Escort Officer.

No application has been filed by APEDA for the last nine years for protection of GI of Basmati in India. Recently in a Workshop hosted by APEDA and UNCTAD at New Delhi on 25^th November 2008, it has been declared by APEDA that now they have the mandate to apply for Basmati GI application which shall be filed now and the same shall be shortly granted in their favour. This was declared so in the presence of Registrar of GI in India Mr. V. Ravi Kumar, who opted to be silent spectator of such monopolistic declaration of APEDA.

There is no iota of doubt that such a silence on the part of Registrar of GI clearly amounts to prior approval of all the proposed acts of APEDA under GI Act and grant of Basmati GI in their favour without any application thereof. The workshop beside other participants was largely attended by the high level representative of All India Rice Exporters Association. Not to mention herein that not a single representative of Basmati growers including farmers was either invited or present. Though they claims to be working for farmers rights.

HIJACKING OF BASMATI GI:

The trade of Basmati rice is at stake having an export of about 200 Crores per annum from India. The piracy of Basmati, its spuriousness and repeated complaints thereof by EU, UK and other countries is a well known history.

Basmati rice and Darjeeling Tea are to two prime products of India making Government of India to propose the enactment of GI laws in 1999.

The same Registrar of GI in India who objected to the application of ‘The Heritage’ to be one filed by Exporters and not by farmers is now propagating the cause of GI application by APEDA, which is a Export regulating authority having no farmers base or as its members. The unknown body constituted by APEDA namely BEDF (Basmati Export Development Foundation) is having number of exporters as its members. Not a single farmer is in its Governing Board or as its members.

While the Registrar of GI objected and directed the applicant ‘The Heritage’ to make farmers as its members but is supporting the cause of rich and prosperous Exporters and APEDA by being present there and opting to be silent to the monopolistic declaration of APEDA as its future GI owner of Basmati.

Keeping the GI application of ‘The Heritage’ pending for four years and in the meanwhile amending laws to enable APEDA to file GI applications and constituting BEDF with exports all around conclusively prove that there are constructive efforts to hijack the basmati GI and exploits its market credibility for the benefit of handsome exporters.

By shouting and raising slogans of protecting the interest of farmers and actually candidly working to compromise their interest in such an arbitrary manner inevitably concludes that there are serious threats to the India’s claim to GI of Basmati. If it is allowed to continue anymore, the day is not far when the production and producer of traditional variety of Basmati rice shall die forever.

There is thus a well planned and collusive efforts by Government Statutory Body APEDA, Rice Exporters, and as well as Registrar of GI to hijack the Basmati GI. It is time for all of us to unite and fight against the well planned and designed act of hijack the GI of Basmati. If it is not put to halt, the day is not far when the Traditional varieties of Basmati shall die forever and Exporters shall make millions in the garb of traditional varieties of Basmati rice.

Let us fight for farmers’ right and protect the hijacking of Basmati GI.