Tag Archives: Basmati Row

Geographical Indication

Madras HC on Basmati row


I posted on the above mentioned topic here. After perusing the concerned Orders passed by the High Court, I have now decided to pen down my views.  The Orders are available here and here. Please read [this, this, this and that] for background. As to make it easy for readers, I shall reproduce some of the main points of Orders of both AR and IPAB from here. Order of AR (31 December 2013): “Popular perception” has no statutory sanction as a…


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Geographical Indication

SpicyIP Tidbit: Madras High Court on IPAB Order in Basmati row


SpicyIP has recently carried a guest post on the recent IPAB Order in Basmati row which went in favour of APEDA. As per Times of India, on a writ petition filed by Madhya Pradesh against the aforesaid IPAB Order, the Madras High Court passed the following orders: “Till a decision in the writ petition (is taken) no precipitative action will be taken by APEDA in respect of the produce (basmati rice) from Madhya Pradesh in respect of existing areas where…


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Geographical Indication

Guest Post: An insider’s account of the Basmati row


[*Long Post] I am glad to introduce you all to a post written by Rajendra Kumar, Latha Nair, Ashish Kanta Singh and R. Rajalakshmi of KNS Partners, a leading IP boutique firm in India. While Rajendra Kumar, Latha Nair and Ashish Kanta Singh are partners, R. Rajalakshmi is a senior associate at the firm. KNS Partners appeared for APEDA. Latha R. Nair had written various guest posts for us in the past. Some of them can be found here, here,…


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Geographical Indication

Basmati Developments- BGA appeal and impleading


The legal developments surrounding the conferring of GI status on Basmati goes years back. For a back story of the whole issue, Prashant’s post is available here. (A full list of all of our posts relating to Basmati is available here) A quick recap to provide context for the current development:-  The litigation relating to Basmati was triggered off in 2009 when the Agricultural and Processed Foods Export Development Authority (APEDA) applied for conferring GI tag on Basmati rice grown in Punjab,…


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Geographical Indication

‘Basmati’ from Central India – Culinary heresy?


As we had reported earlier on the blog (click here), the Registry for Geographical Indications (G.I.), has ordered the Agricultural and Processed Foods Export Development Authority (APEDA) to amend its application for the protection of ‘Basmati’ as G.I. to include certain areas from Madhya Pradesh as growing ‘Basmati’ rice. For a variety of rice which has historically been advertised as growing at the foothills of the Himalayas, the inclusion of areas of Madhya Pradesh, located in Central India, at a…


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Trademark

Auditing the worldwide litigation involving ‘Basmati’ and APEDA


Image from here Last year, we had done a series of posts on the status of ‘basmati’ and the efforts being taken by the Government to protect it distinctive status under trademark and G.I. law. After learning of the Rs. 7.62 crores that were being spent by APEDA on various world-wide litigations, I had filed a RTI requesting APEDA for details of all such litigation. I had received the information back in September but forgot to publish it on the…


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The G.I. Registry digitizes all G.I. records: Transparency zindabad! Controller-General zindabad!


Finally, after years of agony that we have experienced while attempting to access information related to the grant of geographical indications in India, the Controller General Chaitanya Prasad has issued a public notice informing the general public that all public records pertaining to the G.I. Registry have now been made available on the website of the G.I. Registry. I have checked the new website and I kid you not, my eyes actually welled up with tears of joy when I…


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APEDA discloses legal expenses on ‘Basmati’ – Rs. 7,62,00,000 and counting;


Finally, after much coaxing and at least one appeal, the Agricultural and Processed Food Products Export Development Authority (APEDA) has disclosed its legal expenses on protecting and registering the phrase ‘Basmati’ as a ‘trademark’ and as a ‘geographical indication’. The response can be viewed over here.  As per APEDA’s reply, “An amount of Rs. 7.62 crores (Rs. 7,62,00,000) has been paid to M/s K&S Partners as aggregate professional fee from 1995-96 to 2011-12 (upto 31.3.2012) towards protection of intellectual property…


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Trademark

The Basmati Controversy rears Head across the Indo-Pak Borders


(Image taken from here) The followers of the Basmati controversy (for our earlier posts, see here) may have been under the impression that the matter had been put to rest back in 2008 when the Indian Parliament had authorized the Agricultural and Processed Food Products Export Development Authority (APEDA) to have ownership rights for the purpose of registering Basmati rice grown in the state of Punjab. However, matters have not yet come to a satisfactory conclusion, if reports from across…


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Yet another dodgy RTI reply from APEDA


Image from here. Continuing from my post, last month, on APEDA’s denial of my RTI request for the legal expenses incurred by APEDA in registering and defending ‘basmati’ as a trademark and a GI – I finally received a response to the appeal that I had filed, against the denial of information, with the appellate authority within APEDA.  The reply can be accessed over here. As always, the reply from APEDA was both evasive and dodgy and overturns only a…


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