“The Geographical Indications (GI) Law will protect our local products like Peshawari chappal, Multani blue pottery, Hunza apricots, Hala Ajrak, Chaman grapes, Turbat Dates, Kasuri methi and many other such products” Advisor to the Prime Minister on Commerce Abdul Razzak Dawood said earlier. The policy will prevent misuse of trademarks and help Pakistan “get premium prices for our indigenous products in the international market” that are mostly sold without branding of the country of origin.
India escalates bid to gain GIs for Basmati

Ministry looks to register Basmati rice as local brand
Urges cabinet to notify TDAP as registrant body to support case against India
ISLAMABAD:
India has claimed Basmati rice as its brand in the European Union market, but Pakistan is all set to challenge the claim.
However, it is alarming to note that Pakistan has not registered Basmati as a brand in Pakistan. The Ministry of Commerce has now come into action to register it in the country after India claimed it as its brand in the EU market. More alarming is the fact that there is no body in Pakistan that can register Pakistani products as its brand under Geographical Indications.
In Pakistan, Geographical Indications (Registration and Protection) Act 2020 has been enacted in March this year. However, the year 2020 is nearly over and the commerce ministry has still not been able to register Basmati rice as a Pakistani brand.
When the legal battle between Pakistan and India on Basmati claims intensified, the commerce ministry moved a summary to the cabinet seeking approval for notifying the Trading Development Authority of Pakistan (TDAP) as “Registrant” body for Geographical Indication registration. This move is aimed at registering Basmati rice as a Pakistani brand to support a case in EU against India.
The Geographical Indications (GIs) are a form of intellectual property rights. They identify a product originating from a specific area, whose quality is attributable to its place of origin. The number of products that have the potential to be protected under the GI tag in Pakistan, include Basmati rice, kinnow, mango, ajrak etc.
Section 11(1) of the GI Act says, “The federal government shall be the exclusive owner of all the geographical indications of the Islamic Republic of Pakistan.”
Section 11(2) further elaborates, “The federal government may allow any statutory body, public body, local or provincial governments, government enterprise or any government organisation, person having area of responsibility covering the geographical indication of Islamic Republic of Pakistan to apply for and register the product under geographical indication.”
The “registrant” body is to prepare “Book of Specification” for the GI, approving “authorised users” for further registrations with the relevant division for a cooperation agreement to enable pre-registration processes of geographical indication.
It will also arrange consultations with producers and operators in drafting body. TDAP is a statutory body under the administrative control of the commerce ministry. The government has given it mandate to interact and coordinate with private stakeholders and enhance value of the products to enhance export base of the country.
The commerce ministry has now urged the cabinet to approve the notification of TDAP as the registrant body for GI registration of Basmati rice. The cabinet is scheduled to meet on November 10.
The government has also shortlisted two international legal firms to fight Pakistan’s case at the European Union to protect its own brand of Basmati rice.
These two firms are; Messers Altius international law firm and Messers Liedekerke Wolters Waelbroeck Kirkpatrick. The government has to select one of them.
India has applied for ‘an exclusive GI (Geographical Indications) tag for Basmati rice under the Regulation (EU) No 1151/2012 of the European Parliament and the European Union’s official registry, the Council on Quality Schemes for Agricultural Products and Food Stuffs.
Presently, India has a 65% share of Basmati in the world market whereas Pakistan has a 35% share in the rice trade. Basmati rice fetches Pakistan around $800 million to $1 billion annually.
When contacted for comments, the commerce ministry spokesperson said that the Intellectual Property Organisation was working on the whole issue.
Published in The Express Tribune, November 8th, 2020.
Branding rights on Basmati rice: Pakistan prepares response for
Branding rights on Basmati rice: Pakistan prepares response for European Commission

ISLAMABAD: Pakistan has prepared a detailed response for submission before the European Commission on December 10, 2020 in order to foil the Indian attempts for obtaining branding rights on Basmati rice, Adviser to PM on Commerce Abdul Razak Dawood said on Friday.
He hoped that Pakistan’s defence was ready and the Indian claim on Basmati rice would be rejected in totality. The decision to this effect is expected to be announced within a one-year period, he added.
Adviser to the PM on Commerce Abdul Razak Dawood said that he would be visiting Afghanistan from November 16 on a two-day visit to kick-start negotiations on revision of Afghanistan-Pakistan Transit Trade Agreement (APTTA).
“We possess so many documents related to the past on account of minutes of meetings and present ones. We will present all these documentary proofs to the European Union’s Commission to prove that Basmati rice is our brand” Adviser to the PM on Commerce Abdul Razak Dawood said in an interview with The News here at his office on Friday.
He said that India’s stance on Basmati rice was impossible to prove because Pakistan possessed every proof to foil New Delhi’s attempt. “Our first statement will be submitted on December 10 and then Pakistan will have to submit its application in the second round. We hope that the result in this regard will be announced in one year. I met with the Attorney General yesterday to ensure that we hire a good law firm to defend our Basmati case before the EU Commission,” he added.
Regarding Afghanistan, he said that the Afghan side was a tough negotiator but hoped that the revised transit agreement would be done in the next three to four months. He said that the smuggling back of goods into Pakistan was our major concern and Islamabad conveyed its shopping list with the Afghan authorities. He said that India had not so far taken up its demand for getting access of Indian goods through the Wagah border.
When asked about the market access after the recent US elections, he said that the new government would take some time to settle down but getting market access from Washington was not an easy task yet Islamabad would continue its efforts to get increased market access.
When asked about the establishment of Special Economic Zones (SEZ) under CPEC, he said that it requires a lot of spadework and acquisition of land is a provincial subject. He said that the SEZ at Dabeiji would be quite crucial because land scarcity was hampering Karachi’s industrialists. One SEZ at Sundar became successful and its model would be replicated. He said Faisalabad’s SEZ was operating and 10 to 15 units were in the process of relocation. “It would be great if Pakistan would be able to relocate 1,000 Chinese units at Gawadar or other SEZs in Pakistan,” he added.
To another query about the export targets, he said that the government wanted to fetch $27 to $28 billion exports of goods and services during the current fiscal year. He said that he used to give a range of export targets for the current fiscal but after the second wave of outbreak of Covid-19 pandemic, he was a bit reluctant to give any figure. When asked again, he replied that for export of goods, our target stood at $22 to $23 billion and for services $5 billion, so in totality exports of goods and services could fetch $27 to $28 billion.
He said it was not good to rely on five traditional sectors of exports, so the government had prepared the Strategic Trade Policy Framework (STPF) for focusing on pharmaceutical, engineering, agro products, meat and poultry. Our policy is product diversification within sectors like textile and then increase in other sectors. He said that fruits and vegetable exports had so far fetched $750 million as mango and keno exports were the major contributors. He said the export of mango was targeted at 80,000 tons but it went up to 125,000 tons in the current season.
Our second focus is on geographical diversification to boost up exports to Africa, Central Asian Republics and Russia and other states. Then the government decided to come up with Look Africa policy as one consultant was coming to Pakistan soon in order to exploit the situation. “We are giving a target of $5 billion exports to Africa,” he added. In Africa, our engineering products such as tractors are going and also rice.
When asked why exports were not increasing at the desired pace, he replied that it was not easy task for increasing exports as when this government came into power and he had gone to Faisalabad, everyone was saying that Pakistan was passing through de-industrialization whereby manufacturing units were closing down. The analysis was done to ascertain the reasons and it was found that the rupee was overvalued and secondly the tariff structure was flawed. He recalled that the government did not focus on boosting up exports in the last five years. When reminded by this scribe that the last government had given an export incentive package, he said that the-then government had given export package in 2017 after which the export position witnessed a little bit improvement and declining trend was stopped but exports remained stagnant.
He said that the stuck-up refunds and duty drawback on local taxes and levies (DLTL) were paid back to exporters and so far the government had provided over Rs 200 billion amount and the backlog was cleared substantially. Secondly, he said the cost of doing business was reduced and 40 percent raw material could be brought into Pakistan at zero rated duty. It means there is zero Customs Duty, Additional Customs Duty and Regulatory Duty on 40 percent raw material coming into Pakistan through imports. The imports were reducing mainly through massive reduction in non-essential imported items.
Now the economic activities are picking up as large scale manufacturing had turned into positive as cement sale was making records. The motorcycle sale has achieved the highest-ever record in the history of the country, he added. The overall LSM growth has transformed from negative to positive in the current fiscal year, he maintained. He said that exports improved by six percent in July 2020 compared to the same month of the last year. However, exports turned into negative in August 2020 because of increased number of holidays and severe rainfall that choked activities at ports.
The international demand also contracted in the aftermath of Covid-19 pandemic. The Pakistani manufacturing units have exhausted their capacity after running at full capacity, he added.
A basmati battle to win

‘If the impression is created that it only originates from India, then our exports will definitely take a hit’Fearful of breathing a word that could impact Pakistan’s case in court, they refuse to consider any possibility that the country will not emerge victoriously. And they have every reason to believe so. On condition of anonymity, a source in the know gave an example of evidence that Pakistan has to support its claim for basmati rice. In 2006-2007, a case was filed in the Sindh High Court by a local basmati growers association for domestic GI ownership of basmati rice. The claim was contested by the Rice Exporters Association of Pakistan (Reap) asserting state ownership and hence in the hands of Trade Development Authority of Pakistan (TDAP). India’s Apeda became a party to the suit as well. This is significant because it gave us tacit documentation that India accepts Pakistan’s claim of growing the premium rice in our region as well which can be used to contest our rival’s current application in the EU. “It is all about branding for the customer. If the impression is created that basmati rice only originates from India, then our exports will definitely take a hit,” says Yasir Shafi, director of Shafi Gluco Chem, an exporter of rice’s value-added products. “Pakistan’s basmati rice is priced on the higher side because of EU’s pesticide restrictions that edge Indian exports out. Rice is the largest export after textiles. Going forward, the current account deficit may go up again and the rupee will depreciate. We cannot continue to rely on the International Monetary Fund for support. TDAP needs to be more proactive to support exports,” he says. A source in the know agreed that the government has always been reactive and acts on a need basis. While Reap’s application for GI tagging has been languishing for two decades, it has speeded up in the last few years. “In the past, India has said that Pakistan’s basmati is not original, it is a hybrid of two or three different seeds,” says Dr Manzoor Ahmed, former ambassador to WTO talking about his tenure. “We contested it; the case was fought in Brussels and amicably settled in around 2004.” While the purpose at that time was duty-free access and not GI tagging, the European community accepted Pakistan’s claim of basmati. Talking about the process, Dr Ahmed explains that domestic legislation needs to be in place first, defining what is basmati rice and the regions within Pakistan that it is grown. Only then we can go to the EU to contest India’s assertions. While GI law exists in Pakistan, the nuts and bolts are not in place. When questioned about the progress, the Reap’s chairman Abdul Qayum Paracha chose not to comment owing to the sensitivity of the issue, begging the question whether sufficient progress has been made in a law that has been languishing for two decades. Another problem waiting in the wings is provincial politics once GI tagging is in place. A source confirmed that while stakeholders are holding hands and cooperating at the moment, a tiff between the two rice-growing provinces Sindh and Punjab may be brewing. The impression generally is of bated breaths and hope. If India wins, not only will it affect Pakistan’s roughly half a billion dollar exports to Europe, it may start a domino reaction impacting Middle East markets. Given the decades of evidence of Pakistan’s claim as growers of the aromatic rice, however, there is every reason to believe that the worst-case scenario will remain in the realm of nightmares for the rice sector. Published in Dawn, The Business and Finance Weekly, November 2nd, 2020
Basmati: what is at stake?



Pakistan opposes Indian claim on Basmati rice in EU
Islamabad to file opposition against New Delhi claim of geographical indication to have exclusivity on Basmati rice in EU

Pakistan to challenge India’s claim on Basmati rice in EU market
Businessmen fear losing GI tag would be ‘disastrous’ for exporters

Islamabad: Pakistan has decided to challenge India’s claim of exclusive rights over the use of Geographical Indication (GI) tag to Basmati rice in the European Union (EU).
A parliamentary panel on Commerce and Trade was informed this week that India had applied for tagging of Basmati rice in the EU market. Pakistan is preparing its application objecting to the Indian application and will submit it soon, said the Intellectual Property Organisation (IPO) Chairman Mujeeb Ahmed Khan.
The Indian application describes the Basmati rice as an Indian origin product despite the fact that similar rice is widely produced in Pakistan, Ahmed said. “Pakistan would challenge the claim” as he claimed India had distorted facts in its application and its case was based on weak grounds. Basmati is currently recognised as a product of both Pakistan and India under the European Regulation 2006.
Businessmen raise alarm
Pakistani officials pursued the case after the business community highlighted the issue and urged the government to apply for GI tag for Pakistani Basmati rice immediately. They raised fears over losing premium tag of Basmati rice to India which would be “disastrous for Pakistani exporters and producers” as they would not be allowed to sell the long grain rice under the brand name of Basmati.
“Pakistan exports 500,000 to 700,000 tonnes of basmati rice to various countries”, the bulk of which goes to European countries. “Pakistani rice is preferred over India’s” in Europe because of its flavour and aroma, said the Chairman of Cereal Association of Pakistan, Muzammil Chappal.
Pakistan and GI tag laws
Pakistan recently enacted the geographical indication (GI) law for registration and protection of brands after nearly two decades of deliberation. The legal protection was introduced to keep local goods from commercial misuse, to combat counterfeiting and promote Made in Pakistan products in global markets.
Why was the law enacted?
Pakistan enacted Geographical Indications (Registration and Protection) Act in March 2020 to protect Pakistani brands and ensure premium prices for country’s indigenous products in foreign markets.
Pakistan to oppose Indian application for GI tag of basmati in EU

Govt urged to apply for GI tag with EU
Traders say Pakistan will not be able to sell rice under basmati brand if India gets it
Businessmen have urged the government to apply for geographical indication (GI) tag with the European Union for Pakistani basmati rice immediately citing that India has applied for the same.
They voiced fear that once the neighbouring country receives it, Pakistani exporters would not be allowed to sell the aromatic rice under the brand name of basmati.
India has applied for GI tag in European Union for basmati rice, confirmed a report in the EU official journal.
EU publishes the information on its website so that if a country intends to oppose the application, it can submit request within a specific time.
After a delay of almost two decades, Pakistan recently enacted the geographical indication (GI) law for registration and protection of brands, which is still awaiting implementation.
India claimed in the application that long grain basmati rice is grown and produced in districts of the states of Punjab, Haryana, Delhi, Himachal Pradesh and a few districts of Uttar Pradesh and Jammu and Kashmir.
However, the neighbouring country did not mention that the same rice is also grown in parts of Pakistan.
If India receives the GI tag, it would trigger a disastrous situation for Pakistani businessmen who would not be able to sell the same rice under the name of basmati.
"Pakistan exports 500,000 to 700,000 tonnes of basmati rice to various countries," said Cereal Association of Pakistan Chairman Muzammil Chappal. "Out of that, 200,000 to 250,000 tonnes is shipped to European countries."
Although the European Union gives Pakistan preference over India but still the country is unable to make the most out of it.
He added that around two to three years ago, the European countries slapped a ban on Indian basmati rice after the pesticide residue level on it was found to be way more than the allowed threshold.
Due to the high quality of Pakistani rice, the country often receives premium price in European markets, he said.
The European Union is a massive destination for local rice exporters and if India succeeds in receiving the GI tag, it would trigger huge trouble for local exporters, he said.
"It is a crucial issue for Pakistan but the government is still inactive," said Union of Small and Medium Enterprises (Unisame) President Zulfikar Thaver.
"We urge Adviser to the Prime Minister on Commerce Abdul Razak Dawood to take immediate notice of India's move and motivate the country to apply for GI tag without loss of any more time," said Thaver.
Describing the procedure, he said the adviser and Commerce Secretary Muhammad Sauleh Faruqui need to push the Trade Development Authority of Pakistan (TDAP) to expedite the application for the basmati tag with EU.
"The EU market has vast opportunities and the basmati rice exporters cannot afford to lose it," he said. "Pakistani basmati rice is superior to Indian basmati."
Published in The Express Tribune, September 19th, 2020.
Pakistan risks Basmati export as India applies GI tag in EU
Leading Pakistani rice exporters have called on the government to immediately oppose the Indian application
Islamabad, September 19
Pakistan is facing another potential threat of major damage to its exports as India has applied for an exclusive Geographical Indications (GI) tag to Basmati rice in the European Union (EU).
Pakistan on the other hand is still yet to implement the GI law promulgated in March.
Despite the fact that Pakistan produces a wide range of Basmati rice in the country and benefits from its export to the EU and other parts of the globe, New Delhi has said that it is an Indian-origin product in its application, published on EU's official journal on September 11.
As per the Indian application, Basmati is special long grain aromatic rice grown and produced in a particular geographical region of the Indian sub-continent.
It added that this region is a part of northern India, below the foothills of the Himalayas forming part of the Indo-Gangetic Plains (IGP).
“The special characteristic of Basmati is grown and produced in all districts of the state of Punjab, Haryana, Delhi, Himachal Pradesh, Uttarakhand as well as in specific districts of western Uttar Pradesh and Jammu and Kashmir,” the Indian application maintained.

Leading Pakistani rice exporters have called on the government to immediately oppose the Indian application.
“Indian application at EU must be opposed immediately as it would badly damage Pakistani exports to European countries,” said Taufiq Ahmed, a leading exporter and bearer of Rice Exporters Association of Pakistan (REAP).
“Despite repeated requests and reminders, concerned authorities in Pakistan have been ignoring this serious issue for years and now if the problem is not handled swiftly then we would be left with no option but to sell Basmati rice with an Indian name or brand,” he added.
Ahmed said that Pakistan must come in immediate consultation with international dictionaries to rectify the definition as the same rice is largely produced in the country.
“Apart from opposing the GI tag from the EU, Pakistan must also consult international dictionaries to rectify the definition. Unfortunately, India is also regarding Himalayan salt and Multani Mitti with Indian names in the international market,” he said.
The official sources from the Federal Ministry of Commerce said that the Indian application in the EU will definitely be opposed.
They added that since the GI law has been promulgated, Islamabad would take up the issue of all GI products of Pakistani origin with the EU.
“Basmati was already recognized as a product of both India and Pakistan in the European Rice Regime and its Duty-Free Regime, making it illegal for India to claim exclusive rights of Basmati in the EU,” said an official from the Intellectual Property Organisation (IPO), an attached department of the Ministry of Commerce.
“The Cambridge dictionary and Wikipedia also show the product as originating from Pakistan and India,” he added.
Pakistan enacted the Geographical Indications (Registration and Protection) Act in March this year, which gives it the right to oppose Indian application for registration of Basmati rice exclusive rights.
As per the EU’s official journal, any country can oppose the application for registration of a name pursuant to Article 50(2) (a) of Regulations (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs within three months from the date of publication. IANS
India’s GI Tag Application For Basmati Worries Pakistan
Leading Pakistani rice exporters have called on the government to immediately oppose the Indian application

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