Constitutional laws in India

Geographical Indication And Basmati

Written By: Abhay Nigam, (4th Year) Symbiosis Law College
Copyright Law in India
Legal Service
  • Intellectual Property is outcome of ones intellect and is different from other forms of property due to uncertainties regarding its value and how it can be used. due to its strategic exploitation it poses different question .the WIPO located at Geneva helps in protection and coordination of this property, according to laws framed by its member countries. such protection serves following objectives,
    a) It ensures further creation of intellectual work,
    b) It forbids other from making similar use of the property,
    c) It ensures financial gain for the owner 

    Intellectual Property consists, Patents, Copyrights, Trademarks, geographical indications, which relates to protection of confidential information and trade secrets. here we discuss particular property right geographical indication, its registration, protection and basmati imbroglio. Geographical indication is notice of specific product originated or manufactured in the territory of country or region or locality in that territory where a given quality, reputation or other characteristics of such good is attributable to its geographical origin. it is not an individual property for use by the owner alone but it depicts geographical indication of that region which any producer may use. It establishes quality assurance of product as champagne from France basmati from India etc. hence, geographical indication is a notice which tells that a given product originates in a given geographical area.

    It has wide variety of protection and they can be protected nationally either by decree or by a register. under national laws each nation is required to make its own law to protect and register its geographical indication goods. India has opportunity to formulate such laws and register by 2005,where it has to search the geographically specialized goods and register them in (community register) which can be prepared in every village and town. here the particular nature of indication should be defined scientifically along with geographical specialty.

    Following are the crucial steps for creation of register
    a) Compilation of list of special products, grown and manufactured in a region which have geographical peculiarities.
    b) To identify specific human resources for manufacturing process.
    c) To establish relationship between geographical indication and product example, soil texture, heather water, temperature etc.
    d) To perform qualitative and quantitative distinction of product and to record usefulness of the product as whether it has medicinal, cosmetic or research value.
    e) To establish commercial viability of product.
    f) To identify its traditional religious or cultural uses.

    Geographical Indication And Basmati Imbroglio

    developed nations have created the infrastructure to safeguard their intellectual property, which helps them to remain competitive and to prevent loss of their property. under trips agreement also their is provision for geographical indications which provides that if any biological resource is traditionally attached with any region and if it is nourished their it will be deemed that it belongs to that place. Under this provision France has very well protected the trade of white wine champagne which is made in champagne region of France. hence any other white wine cant be sold with same name even if it is similar or better than champagne. In India the fiasco relating to basmati have compelled the government to take a serious notice of this right as it did not have written and published documentation that basmati should have geographical indication because their was a process by which basmati patent would be awarded to an American company rice tech. it claimed for the patent on 20 different ground. but was granted patent for three rice varieties, which is only applicable in us.

    Only six percent of total basmati export is consumed by us and UAE is the biggest importer ricetech has developed such types with the help of Pakistani basmati. in response to the new threat to intellectual piracy our parliament has passed geographical indication goods region and protection act 1999. sec 2 (e) of act defines this act as natural goods agri goods manufacture goods originated or manufactured in the territory of a country or a region or locality of that territory where quality reputation or such other characteristics are attributable to its geographical origin and in case such goods are manufactured goods of the activities of either of production or processing and preparation of the goods concern take place in such a place region or locality.

    But yet the policies have not been framed and hence India cant claim its protection on international level. it can also threat the export of basmati and will have to further face difficulties fighting a legal battle against us patent of basmati. still india has other remedies to claim for its rights over basmati. It can be registered after conducting DNA test and nbgr (national bureau of plant genetic resources ) in Delhi already this task. such test establish geographical relation of plant with the nation. India must do efforts of seeds improvement and germ plasma of basmati and identify our rightful geographical indication. to maintain the economical security of India it should be vigilant about potential use of such right by competitor.

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    Application for Registration of Copyright Form has changed from Form IV (see rule 16) to Form XIV (see rule 70)
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    # Registration and filing of Copyrights in India:
    Copyright, is a bundle of rights, which grants protection to the unique expression of ideas. Ideas per se cannot be protected; it is the expression of ideas in a material medium that is the subject matter of copyright protection. Copyright is a negative right and the owner of a copyright gets the right to prevent others from copying his work without his consent towards a commercial end. However, at the same time it gives to the author an exclusive right for the commercial exploitation of his work.

    # The Rights protected by Copyright Law: Copyright law seeks to promote human creativity and confers several rights on the copyright owner. International agreements, among which the most important is the Berne Convention, 1886

    # Copyright Law in India: Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), dramatic, musical and artistic works, cinematographic films and sound recordings.

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