Summary
This article provides an analytical overview of geographical indications (GIs) in India, focusing on the significant role they play in protecting agricultural products and traditional foods. It discusses recent GI registrations for organic products from Northeast India and details the legal and regulatory journey of notable GIs such as Darjeeling Tea, Tirupati Laddu, Bikaneri Bhujia, Malabar Pepper, and Hyderabadi Haleem. The article also examines the legal disputes and enforcement actions undertaken to preserve GI authenticity. The objective assessment reflects the progress India has achieved in the domain of intellectual property related to GIs over the past decade.
India, being predominantly an agricultural country, has seen one-fourth of its registered geographical indications (GIs) accorded to agricultural products, including foodstuffs. The GI tag helps protect exclusive products specific to a geographic location. A GI registration can assist local food and agricultural products in obtaining better branding and marketing in domestic and international markets.
Earlier in March of that year, nine organic and exotic agricultural products from Northeast India were accorded Geographical Indication (GI) registration. The products accorded GI status were: Assam Karbi Anglong Ginger, Assam Tezpur Litchi, Meghalaya Khasi Mandarin, Sikkim Large Cardamom, Mizoram Bird Eye Chilly, Manipur Kachai Lemon, Tripura Queen Pineapple, Arunachal Orange, and Nagaland Tree Tomato. The Union Government-owned North Eastern Regional Agricultural Marketing Corporation Limited (NERAMAC) played an important role in securing the above registrations, and the North Eastern Council (NEC) provided the necessary financial support.
The following are some notable foodstuffs that have been accorded GI status.
Darjeeling Tea
The Geographical Indications registered for Darjeeling Tea in India are:
- The word ‘DARJEELING’
- The LOGO
These were registered as GIs (GI-Application No. 1 and 2) on July 1, 2004, and were the first GIs to be registered in India.
Prior to 1997, the Tea Board had registered the specialty logos in various jurisdictions within the applicable legal framework, which was a step in the right direction. The DARJEELING logo was created and registered in the United Kingdom, United States, Canada, Japan, Egypt, and under the Madrid Agreement covering Germany, Austria, Spain, France, Portugal, Italy, Switzerland, and the former Yugoslavia by 1986.
The GI application was filed for tea grown in 87 gardens in the district of Darjeeling falling in Class 30, by Tea Board, a statutory authority of the Government of India established in 1953 under the Tea Act, 1953, for the purpose of controlling the Indian tea industry.
Due to the unique and complex combination of agro-climatic conditions prevailing in the region comprising the said 87 gardens within the district of Darjeeling, and the production regulations imposed by the Board, tea produced in the region has distinctive and naturally occurring organoleptic characteristics of taste, aroma, and mouth feel, which have earned the patronage and recognition of discerning consumers the world over.
Tea Board has successfully fought more than 15 cases against infringement and misuse of Darjeeling Tea in order to protect its genuineness and rights as a GI holder.
Tirupathi Laddu
The Tirumala Tirupati Devasthanam applied for the registration of the Tirupathi Laddu for a GI tag under Class 30. It received the GI tag on 15th September 2009.
Sri Vari Laddu, popularly referred to as ‘Tirupathi Laddu’, is an eatable offered as prasadam to devotees after they worship Lord Venkateswara, the presiding deity at the Sri Vari Temple at Tirumala Hills at Tirupathi, Andhra Pradesh.
The size and flavour are typical characteristics of Tirupathi Laddu. The Tirupati Laddu derives its sanctity, reputation, and uniqueness from its being offered as naivedyam to the Lord. There are about 130 laddu workers producing about one lakh laddus per day.
The application for GI was made in 2008 to curb the sale of counterfeit versions by hawkers seeking to exploit the growing demand from visitors to the temple.
In 2009, a PIL was filed before the Madras High Court against the GI tag for the ‘Tirupati Laddu’ by Mr. R S Parveen Raj, a resident of Thiruvananthapuram. That petition was dismissed on the grounds that an alternative and efficacious forum was available for adjudication of such a dispute. Under the GI Act, such a petition could have been filed either before the GI Registry or the IPAB.
Bikaneri Bhujia
An application for GI status for Bikaneri Bhujia was filed by Bikaneri Bhujia Udhyog Sangh, Bikaner (Rajasthan), under Class 30, that is, Food Products. It is manufactured using a traditional formula of moth dal, chana dal, oil, salt, and spices as ingredients.
There was no objection raised to its registration. However, a trademark infringement suit, Bikanervala v. Aggarwal Bikanervala (117 (2005) DLT 255), was filed by the applicant.
Court restrained defendant from “manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in food articles for human consumption under the impugned trade mark/trade name/infringing artistic label ‘AGGARWAL BIKANER WALA’ or from using any trade mark/trade name/infringing artistic work containing the name/mark ‘BIKANER WALA/BIKANERVALA’ or any other name/mark/artistic work which is identical or deceptively similar to the plaintiff’s trademark ‘BIKANERVALA'”. The defendant was, however, granted two weeks time to adopt a different mark and packing label etc.
Malabar Pepper
Malabar pepper is renowned for its quality. It is noted that the high price of pepper during the middle ages prompted the Portuguese to seek a sea route to India. Pepper is used as a spice and has medicinal properties. Malabar pepper is cultivated in the geographic regions comprising the Malabar region of the erstwhile Madras Presidency, which now fall within the states of Kerala, Karnataka, and Tamil Nadu. Malabar pepper accounts for around 25 per cent of the entire world’s supply of pepper, and is noted for its sharp, hot, and biting taste. In order to maintain the genuineness of the quality and taste of Malabar Pepper, the Spice Board secured a GI registration for it in 2007.
Hyderabadi Haleem
Hyderabadi Haleem was the first non-vegetarian dish in India to receive GI status, in 2010. The origin of Hyderabad Haleem can be traced to the days of the Asaf Jahi dynasty, which ruled the State of Hyderabad (Deccan) in India from 1724 A.D to 1948 A.D. It became an integral part of Hyderabadi cuisine during the rule of the seventh Nizam. The high-calorie haleem is a popular dish prepared during the Muslim month of Ramadan, when Muslims fast for around 12 hours, and is considered particularly nourishing to consume after iftaar.
The application for GI was filed in 2009 by the Haleem Makers Association, under Class 29. The authorised user is Pista House for making and selling Haleem.
The producers of ‘Hyderabad Haleem’ have strictly followed the traditional methods for making Hyderabad Haleem without compromising on the production process, resulting in ‘Hyderabad Haleem’ acquiring a unique place and identity among consumers across the globe.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.