Explained: India and Pakistan’s war over GI tag for Basmati rice

Lacing exports with GI tags

Basmati GI in EU: India says Pak’s claim unfounded
“It is a question of intangible cultural legacy of India. The creation of Pakistan was on the basis of rejection of the Indian identity, history and culture. Else, why Partition? Hence, one is free to grow what one wants in Pakistan, but cannot use the trademark basmati,” Sharma said in a tweet.

Pakistani, Indian exporters agree to share Basmati rice ownership

India claims ownership of ‘Basmati’ rice
GI tags, certification to help Pakistan fetch higher exports: SBP
India, Pakistan take battle over basmati rice title to EU
India applies for exclusive trademark that would grant it sole ownership of basmati title in European Union, setting off a dispute with rival Pakistan.

The two countries are the only global exporters of basmati.
“(India) has caused all this fuss over there so they can somehow grab one of our target markets,” said Murtaza, whose fields are barely five kilometres (three miles) from the Indian border. “Our whole rice industry is affected,” he added. From Karachi to Kolkata, basmati is a staple in everyday diets across southern Asia. It is eaten alongside spicy meat and vegetable curries, and is the star of the endlessly varied biryani dishes featured at weddings and celebrations across both countries, which only split following independence from British colonial rule in 1947. They have since fought three full-scale wars, with the latest skirmish in 2019 involving the first cross-border air attacks in nearly 50 years.Diplomatic relations have been tense for decades and both countries routinely attempt to malign each other on the international stage.
‘Very important market’
Pakistan has expanded basmati exports to the EU over the past three years, taking advantage of India’s difficulties meeting stricter European pesticide standards. It now fills two-thirds of the region’s approximately 300,000-tonne annual demand, according to the European Commission. “For us, this is a very, very important market,” says Malik Faisal Jahangir, vice-president of the Pakistan Rice Exporters Association, who claims Pakistani basmati is more organic and “better in quality”.
Indian Darjeeling tea, coffee from Colombia and several French hams are among the popular products with PGI status.
It differs from Protected Designation of Origin, which requires all three stages to take place in the concerned region, as in the case of cheeses such as French brie or Italian gorgonzola. Such products are legally guarded against imitation and misuse in countries bound by the protection agreement and a quality recognition stamp allows them to sell for higher prices. India says it did not claim in its application to be the only producer of the distinctive rice grown in the Himalayan foothills, but attaining PGI status would nevertheless grant it this recognition. “India and Pakistan have been exporting and competing in a healthy way in different markets for almost 40 years… I don’t think the PGI will change that,” Vijay Setia, former president of the Indian Rice Exporters Association, told AFP news agency.
Joint heritage
As per EU rules, the two countries must try to negotiate an amicable resolution by September, after India asked for a three-month extension, a spokesman for the European Commission told AFP.“Historically, both the reputation and geographic area (for basmati) are common to India and Pakistan,” says legal researcher Delphine Marie-Vivien.
“There have already been quite a few cases of opposition to geographical indication applications in Europe, and each time a compromise has been found.” After years of procrastination, the Pakistani government in January demarcated where basmati can be harvested in the country. It also announced it would assign similar protected status to pink Himalayan salt and other vaunted agricultural products. Pakistan hopes to convince India to instead submit a “joint application” in the name of the common heritage that basmati represents, Jahangir said. “I am confident that we will reach a (positive) conclusion very soon… the world knows that basmati comes from both countries,” he added.If an agreement cannot be reached and the EU rules in India’s favour, Pakistan could appeal to the European courts, but the long review process could leave its rice industry in limbo.
‘India should rely on history, evidence to get GI tag exclusively for Basmati in EU’
Deadline for India, Pakistan to settle the issue amicably expires today
EU has accepted plea on Basmati: REAP

TDAP gets GI registration certificate for Basmati

Pakistan gets Geographical Indicator tag for basmati

With Geographical Indication rules Pakistan can secure export markets

Geographical Indication: With reference to Basmati rice
A version of this article appears in print on December 24, 2020 of The Himalayan Times.
Rice exporters prepare case to retain share in EU market

Pakistan eyeing to protect its products using GIs

The Intellectual Property Organization of Pakistan (IPO) is looking at items that can be registered as a Geographical Indication (GI), informed Special Assistant to Prime Minister on Trade and Investment Abdul Razak Dawood.
“In response to my tweet on Geographical Indication (GI) on rice, many people have raised the possibility of registration of Salt as GI. The Intellectual Property Organization of Pakistan (IPO) is looking at items which can be registered as GIs,” the advisor said in a tweet post on Friday. The advisor also requested all stakeholders to inform as to what course of action the Ministry of Commerce and IPO should take in case of salt. It is pertinent to inform that Geographical Indications (GIs) are a form of Intellectual Property Rights (IPRs) which identify a product originating from a specific area, whose quality or reputation is attributable to its place of origin. In Pakistan, Geographical Indications (Registration and Protection) Act, 2020 was enacted in March this year. A significant number of products have potential to be protected under the GI regime in Pakistan including products such as Basmati rice, Kinnow, mango, cutlery, Ajrak, etc. Weeks ago, Pakistan decided to give a befitting reply to India's claim of GI tag to Basmati Rice in the European Union and will file its opposition in the EU. Abdul Razak Dawood categorically stated that Pakistan will vehemently oppose India's application in the European Union and restrain India from obtaining exclusive GI tag of Basmati Rice.Rice exporters challenge Indian GI claims on basmati in EU

“REAP has taken this step on behalf of rice exporters and farmers of Pakistan who are at the risk of losing a billion-dollars’ worth of income.”
Since 2006, the EU has applied zero tariffs on rice imported into the bloc that has been authenticated by either Pakistani or Indian authorities as genuine basmati. Pakistan has a thriving industry of export of Basmati, making the country one of the top five exporters of rice in the world. REAP said it has previously been involved in developing and revising UK Code of Practice and arranging trade delegations abroad to foster the export of Basmati from Pakistan.
“India had sought protection of its Basmati as a GI product in EU in a mala fide attempt to deter Pakistan’s growing export and appreciation of Basmati.”
Pakistan’s export of Basmati to EU has almost doubled in the last five years and it has outpaced India’s exports of the same. The importers and customers in EU appreciate Pakistan’s Basmati more than that of India due to its exotic aroma, sweeter taste and soft texture and above all in terms of food safety including Pesticides which has resulted in increased demand. Basmati, being a centuries old heritage of Pakistan, could not be allowed to be monopolised by India in the European market.“Such a gross misrepresentation by India on the origins of Basmati is an attack on the values of fair competition among farmers and exporters in EU,” the statement said.
Pakistan has a legal right to export Basmati with its original name in accordance with the practice in EU which is decades old. European importers have also raised their objections against the Indian stance, and in support of Pakistan. The statement said REAP is striving for an early legislation on the GI rules in Pakistan along with the Ministry of Commerce.“It will enable Pakistan’s exporters and farmers of Basmati to prevent their product from being used by the same name in international markets.”
REAP said n internally registered GI of Basmati will strengthen Pakistan’s case in the coming legal stages in the EU. REAP remains optimist that Pakistan has strong case as EU recognises the country as authentic basmati growing region. “The protection of Basmati as Pakistan’s indigenous product is crucial to sustain the rice exports, Consequently, REAP is leading the way in this endeavor without any regards to costs.”Rice wars: the dispute over Basmati GI

Branding rights on Basmati rice: Pakistan prepares response for

Pakistan to challenge India’s claim of GI tag to Basmati rice in EU, MPs told

According to laid down rules and procedures, any country can oppose the application for registration of an AME pursuant to Article 10 and Article 50(2)(a) of the regulation number 1151 (2012). There is a time limit of three months to file an application against it, so now Pakistan has decided to file an application for opposing the right of exclusivity of India on basmati rice GI tag. Senator Mir Kabeer Ahmad Muhammad Shahi informed that government should not import the vegetables from other countries when domestic corps are ready in the country. He said it would benefit the local farmers. The Committee has recommended the government to impose ban on vegetable imports when domestic crops are ready.
Pakistan Opposes India’s Application for the Exclusivity of Basmati in the EU
Pakistan Opposes India’s Claim Over Basmati
A Pakistani news website has reported tackling India’s application for the GI tag of basmati in the EU. Further, the decision is said to be taken in a meeting chaired by Adviser to the Prime Minister on Commerce Razak Dawood. Secretary Commerce, Chairman, Intellectual Property Organisation (IPO-Pakistan), representatives of the Rice Exporters Association of Pakistan (Reap), and the legal fraternity were also present.
The meeting concluded that India’s claim for basmati exclusivity is unjustified as Pakistan is its major grower. Also, Dawood stated that it would oppose New Delhi from obtaining any exclusive rights. Moreover, Pakistan legalized GI Registration and Protection Act in March this year. This gives it the right to challenge India’s claim for GI tag for basmati rice.

Fine Aromatic Long rice is Authentic to India
Published in an official journal of EU on 11th September, India’s application highlights that basmati is an Indian origin product. Further, it added that this special long grain aromatic rice is authentic to the geographical region of the Indian sub-continent. This region is part of northern India, below the foothills of the Himalayas. Though Pakistan produces and exports a wide range of basmati from the country, basmati of particular characteristic grows only in districts of Punjab, Haryana, Delhi, Himachal Pradesh, Uttarakhand, and also in some parts of UP and Jammu and Kashmir. In a notification dated 10th August, the DGFT deferred the requirement for EIC to export to the EU till 1st Jan 2021. In all, Pakistan has vehemently opposed India’s claim over the origin of basmati.Petition seeks protection of Pakistani products’ identity

Pakistan accelerates efforts to protect basmati exports’ rights in EU

Footprints: Basmati battle

Basmati trademark registered in one person’s name

Basmati exports under threat?


Pakistan risks damage to export as India applies for GI tag to basmati in EU
India is also registering Himalayan salt, Multani mitti with Indian names in the international market
Twists and turns in MP-Punjab Basmati row, with little signs of an end
The issue is sensitive for the MP chief minister, especially in the light of the coming bypolls in the state's farming zone

Year | Quantity (million Tonnes) | Value (Rs crore) |
2019-20 | 4.45 | 31,026.00 |
2018-19 | 4.41 | 32,804.30 |
2017-18 | 4.05 | 26,870.17 |
2016-17 | 3.98 | 21,513.00 |
2015-16 | 4.04 | 22,719.00 |
Rice exporters oppose plan on MP basmati rice in GI tagging
Madhya Pradesh plea seeking GI tag for Basmati rice dismissed
Basmati growers body opposes GI tag to MP for aromatic rice
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