Basmati rice is exclusively grown in Indian sub-continent and India is the largest exporter of Basmati in the world. In the past, the Indian government was involved in a bitter patent war with the U.S.PTO over the grant of patent on Basmati rice to a U.S. Company –RiceTec. While the Indian government succeeded in getting the patents covering Indian Basmati revoked, it could not prevent the U.S. Company from using the trademark 'Texmati' which is deceptively similar to 'Basmati'. The Indian public has learnt a lesson from this past experience and therefore, an attempt was made by Agricultural and Processed Food Products Export Development Authority ('APEDA') to protect Basmati rice as a Geographical Indication (GI) for the regions where it is being grown in India.
This attempt of the APEDA was met with stiff opposition from the State of Madhya Pradesh and the Basmati Growers Association, Pakistan. The State of Madhya Pradesh filed an opposition on the grounds that the Application for Basmati as a GI had excluded 13 territories of Madhya Pradesh (M.P.) where Basmati rice is grown. It was claimed that this exclusion would hamper the interests of the farmers of these regions. The IPAB took into consideration this plea of the State of M.P and stated that APEDA's application would be reconsidered with the view of inclusion of regions of M.P among regions enjoying protection under GI Act.
The application of Basmati Growers Association, Pakistan (BGA) stated that Basmati rice was grown in both India and Pakistan. It is pertinent to mention that Basmati Growers Association suffered an order of rejection from the Registrar of Trade Marks, Pakistan to register BASMATI as a collective mark. The IPAB Bench dismissed the appeal filed by BGA as there was no justification for them to intervene and interfere in the proceedings initiated by APEDA in respect of getting GI Tag for BASMATI rice covering the areas within the territory of India. Furthermore, the Bench was of the opinion that no steps were taken by BGA to substantiate their claim in respect of BASMATI in their own country, Pakistan. Accordingly, APEDA's application was allowed and the appeals by the oppositions were dismissed.
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