Delhi High Court vide it’s judgement dated 28th November 2023, decided the suit filed by Trading Corporation of Pakistan Pvt Ltd (alongwith Rice Exporters of Pakistan and Basmati Growers Association) against Government of India seeking injunction against India approving “Super Basmati” rice, as evolved Basmati for the purpose of export as per its notification dated 24th May 2006.
Basmati As Geographical Indication In India:
The center of case being Plaintiff disputing India’s claim to “Basmati” rice. Historically the produce of “Basmati” crop can be traced to certain parts of India and in 2016 this variety of rice was granted registration as a geographical indication under registration no. 145 as per the provisions of the Indian Geographical Indications of Goods (Registration and Protection) Act 1999.
What does grant of geographical indication granted to Basmati rice result in ? It puts restrictions, meaning that the crop can only be grown in the areas for which registration is sought. Thus giving priviledge to the farmers from specific geographical area in India. We can say that the quality and reputation of the product is associated with its geographical origin and other areas are prohibited from producing the same product.
The production of basmsti rice registered under geographical indication and notified under section 5 of the Seeds Act (vide notification dated 15th February 2016) was restricted specifically to the states of Punjab, Haryana, Himachal Pradesh, Delhi, Uttarakhand, parts of western Uttar Pradesh and the state of Jammu and Kashmir.
Decision of Delhi High Court:
Proceedings in this case remained stalled due to non appearance of Plaintiffs since September 2020. Further the Advocates of the Plaintiffs sought discharge in the matter. Due to non appearance on behalf of plaintiffs and considering that the suit could not be prosecuted effectively since 2020 and in view of government of India’s stand the suit was dismissed for non prosecution
LAW-IP AND MORE 