Search the Internet          Tips  Sites: Finance, Investment

Expert pens blueprint on India's future action on basmati

India can still strengthen its claim on basmati in the three categories of patents, trademarks and geographical indications by taking proper action, said a legal expert.

"It is amazing that India has refused to do anything concrete to protect its interests in 'basmati' when it could get protection as a 'certification mark' under the Lanham Act in US," Patent and Trademark Attorney with the Corporate Law Group Krishna Sarma said.

She has prepared a blueprint on what should be India's future course of action on the subject. India could be proactive on all the three fronts of patents, trademarks and geographical indicators, she said.

Sarma said that though the US has no separate legislation for protecting Geographical Indication, under Section four and 45 of the Lanham Act, certification marks are used to attest goods which come from the region named.

Citing an example, she said that tea bearing the name Darjeeling was protected as a certification mark and must finds its origin from that region or risk trademark infringement.

Basmati producers could take this cheap step for protection.

Simultaneously, the government should give protection under Geographical Indications of Goods Act, 1999 which though restricted to Indian territory gave the country the legitimacy to demand reciprocal protection in other jurisdictions, she said.

WTO's TRIPS agreement disallows protection of geographical indications if the products are not protected in the country of origin.

YOU MAY ALSO WANT TO READ:
India plans strategy to maintain basmati export share
India has not lost basmati patent case, asserts govt
India wins basmati rice battle against US firm
US firm wins patent for basmati rice varieties
Govt allays apprehensions on basmati patent
IARI develops high-yielding varieties of rice
No need to challenge basmati patent: officials

Tell us what you think of this report