The GI or the Geographical Indication tag forms an integral part of a country’s economy, trade and culture. The acquisition of a GI tag holds the key to a more prosperous commerce and a more booming agribusiness. The Basmati crop, which grows on the soils of a formerly united Hindusthan, became a source of controversy once proprietorship issues arose. India and Pakistan could never be an example of good neighbors. The Basmati case is just an addition to this bad blood.

Earlier in the year 1997, RiceTec- an American company received a patent over Basmati, which enraged India, who believed in the nativity of the crop belonging to them. India and Pakistan strongly opposed, stating that the American hybrid crop was just a mere imitation of the indigenous Basmati. As a result, RiceTec was compelled to withdraw most of its claim over Basmati and had to rebrand its products in 2002.

This article talks about how Pakistan and Nepal descended upon India, when it tried to apply for a GI tag on the Basmati Rice in 2019, and how both the neighbouring countries claimed that they had equal rights on the commodity as India. The article covers the backdrops, the proceedings and the final conclusions that have been drawn on this issue and an insight is gained on what are the future consequences that these South Asian countries might have to face due to this cessation.

The Journey
In September 2019, India submitted an application for PGI or Protected Geographical Indication Status for the sole ownership of Basmati Rice, before the European Commission. The official journal of the EU published this application, with three month’s time for opposing such an application for registration; and two month’s time for presenting a reasoned statement in regards to the opposition.

Knowing of this appeal, Pakistan outraged and vehemently opposed its registration in December 2019, charging with the fact that Basmati Rice has been cultivated in Pakistani soil since a long time, and that this commodity should be a joint product of both the nations. Pakistan amounts to 35% of Basmati imports in the European Union, whereas India amounts to a hefty 65%. Such an application by India could further affect their country’s trade prospects to a great extent.

Although Pakistan came into the arena with a lot of vitality, the opposition by them was not treated with much significance. They had to return empty handed for the time being, because as per international law, a country needed to have their own GI laws to claim its registration in an international forum; which Pakistan did not have up till then.

India on the other hand, clearly stated in the application that Basmati Rice is produced only in certain particular geographic regions in the Indo-Gangetic plain of the Indian subcontinent, and hence justified the fact that India did not claim for its exclusivity and had no intention to jeopardize the Basmati harvest of Pakistan. To remove confusions, India in its application had also provided the areas in which Basmati is grown.

The mentioned states are as follows:

1. Haryana
2. Himachal Pradesh
3. Punjab
4. Delhi
5. Uttarakhand, and
6. some districts of Jammu and Kashmir and Uttar Pradesh.

India tried to comply with the regulations specified in the Article 7(1) of the Regulation of The European Parliament and of the Council.

Nepal’s Interest Over Basmati Registration

In December 2020, Nepal found an ally in Pakistan, and joined forces with them to challenge India’s application to the EU. According to Dr. Pratyush Nath Upreti, Consultant of Upreti & Associates, Nepal had opposed India’s application of claiming the GI tag over Basmati, majorly on three grounds - Basmati is grown, cultivated as well as consumed in Nepal since 1965; different varieties of rice have been created and produced by Nepal’s scientists using the popular Basmati; A deep rooted connection can be found between the Basmati and Nepal’s culture and community.

Nepal does not have any specific GI laws and thus it protects its GI related issues under the umbrella of trademark law. Although it is not requisite to have domestic laws on GI to oppose the application of registration, the absence of such cannot be neglected.

Current State Of Affairs Over Basmati Feud

In March 2020, Pakistan enacted The Geographical Indications (Registration and Protection) Act, which bestowed upon them the domestic GI laws which they needed to oppose and challenge India’s application of a GI tag on Basmati.

On 27th January 2021, Pakistan received the GI tag for its basmati under the Geographical Indications Act, 2020. Currently the countries have been given time till 6th May 2021, to settle this matter with consultations, and they have been asked to reach a solution in regards to the feud. But if a closure cannot be reached, this the matter will be taken to a tribunal of the Directorate- General for agriculture and Rural Development at the European Commission.

Pashmina - A Past Issue Dealt Between India And Pakistan

The tiff between India and Pakistan over GI tag registrations date back to 2008, when India tried to register its Pashmina wool under the domestic GI. Pakistan opposed the registration claiming that Pashmina is produced in their territory as well, and therefore they favored a joint GI tag on Pashmina for both the countries. To that proposal, India had stated that a joint tag for Pashmina is a viable option only if Pakistan can prove that its wool is of the same quality as India's. Later, India got the grant of GI for Kashmir Pashmina.

Since India and Pakistan had shared the concerned territory as a single country in the past, registration of GI on certain products become a very gruelling decision to make.

Conclusion
Deciding upon GI tags across neighboring countries is extremely burdensome, due to the same kind of soil, climate and culture prevailing in both the lands, which nurture and churn out the same kind of produce. Even though Pakistan bagged the GI tag for its Basmati, officials of India are of the view that this grant of GI will not affect India's basmati exports. Keeping in mind the strained relationships of India and its neighboring counties, it is preferable to settle the matter by applying individual GI registrations for its own country or to go for a joint GI application.

References

• https://www.drishtiias.com/daily-updates/daily-news-analysis/gi-tag-for-pakistani-basmati
• https://spicyip.com/2021/03/the-third-to-tango-nepal-becomes-the-second-country-after-pakistan-to-oppose-indias-application-for-gi-over-basmati.html
• https://www.asiaiplaw.com/section/news-analysis/nepal-challenges-indias-gi-registration-for-basmati-rice
• https://www.asiaiplaw.com/section/news-analysis/nepal-challenges-indias-gi-registration-for-basmati-rice
• https://www.latimes.com/world-nation/story/2020-11-27/india-and-pakistan-fight-over-ownership-of-basmati-rice
• https://finshots.in/archive/the-basmati-wars/
• https://www.dawn.com/news/1587985
• https://www.thehindu.com/news/national/basmati-not-registered-as-local-product-but-pak-challenges-india-claim-at-eu/article33445224.ece
• https://www.theguardian.com/world/2020/oct/29/basmati-battle-pakistan-fights-indian-bid-for-eu-recognition-of-rice
• https://www.downtoearth.org.in/news/agriculture/don-t-worry-experts-say-after-pakistan-gets-gi-tag-for-its-own-basmati-rice-75239
• https://economictimes.indiatimes.com/news/international/world-news/pakistan-gets-geographical-indicator-tag-for-its-basmati-rice/articleshow/80498685.cms
• https://www.thehindubusinessline.com/economy/agri-business/india-unfazed-by-paks-gi-tag-registration-on-basmati/article33687098.ece#:~:text=The%20official%20added%2C%20%E2%80%9CNow%2C,to%20the%20two%20countries%20together.%E2%80%9D
• https://www.worldipreview.com/news/india-escalates-bid-to-gain-gis-for-basmati-21139#:~:text=Opposition%20to%20India's%20GI&text=In%20December%2C%20Nepal%20joined%20Pakistan,all%20three%20south%2DAsian%20countries

Written By: Srabana Dutta, a 4th year student of B.A. LL. B (H) from Amity University, Kolkata