National Horticulture Conference

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National Horticulture Conference

• Geographical Indication in the context of
  Horticulture crops.

14 November 2006
S.Nagarajan. Chairperson, PPVFRA Government of
India New Delhi
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Selection exerted by different groups in bringing
Distinctness and Uniformity in fruit tree crops.

O O OO O OO O O
O O O O O O O O O
O O O O O O O O O

Farmers Variety nearly Uniform and Distinct.
New Variety Homogenous, Uniform and
Distinct.
Germplasm. Mixture
Folk variety. Some selection done. Heterogeneous
Non uniform root stock.
Crossed Best clone. On standard root stock
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ECONOMIC IMPLICATIONS OF GIs

• PROTECTION OF GIs IMPORTANT
• Improves the income of farmers and retains the
  rural population in less favored remote areas
• Protects consumers against acts of unfair
  competition by ensuing correct labeling
  information
• Acts as a vehicle for producers to compete on
  quality rather than quantity

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ECONOMIC IMPLICATIONS OF GEOGRAPHICAL INDICATIONS

• These products are sold at a premium today both
  in the domestic and international markets
• To derive economic benefits out of these
  products, the first step is to register them as
  geographical indications under the new Indian law
• Indian rights holders should definitely take
  clues from certain zealously protected European
  GIs such as Champagne and Scotch whisky
• Lets look at the Champagne example

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POLICY DECISION OF GEOGRAPHICAL INDICATIONS IN
FRANCE.

• Administered by the Comité Interprofessionelle du
  Vin de Champagne (CIVC) a body of private
  Champagne growers and houses
• The Champagne vineyards were planted as early as
  1908 the Champagne Appellation marked out
• The region clearly identified and strictly
  limited by law since 1927
• Quality strictly regulated in terms of grape
  varieties, selection, processes of double
  fermentation, indication on the produce etc.

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LOCTION AND VINE YARDS CLEARLY REGULATED AND
MARKED.
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The TRIPS Agreement sets forth standards to
regulate international intellectual property
protection and enforcement and establishes
international minimum standards for the
protection of geographical indications.

• Geographical Indication

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The GI Act

• The Geographic Indication in relation to
  goods, means an indication which identifies such
  goods as agricultural goods, natural goods or
  manufactured good as originating or manufactured
  in the territory of a country or a region or
  where a given quality reputation or other
  characteristic of such good is essentially
  attributed to its geographical origin and in case
  where such goods are manufactured goods one of
  the activities of either the production or of
  processing or preparation of the goods concerned
  takes place in such territory, region or locality
  as the case may be.

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What decides the GI ?

• The quality of the product is attributed
  essentially due to its geographical origin and if
  it is of goods either the raw material production
  or processing or the preparation shall take place
  in such territory.

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GI granted should be guarded.

• Gaining credibility as GI is time demanding
  process and to carve an aurora about the GI takes
  decades if not centuries.
• Creating a positive impression of the product
  quality, the environmental virtue and human skill
  of the area and the premium price commanded all
  happens in a gentle manner over a protracted
  period of time and through varied assessment
  procedures.
• The GI must on the client create a positive
  mental image about the product then the GI can be
  considered to have some virtue.

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Immigrants induced GI confusion .

• Immigrants carried with them their ethnic craft,
  plants to their new found land. They even named
  in the new territory provinces, cities, streets,
  rivers and mountain similar the ones in their
  original homeland.
• With several subsequent minor modifications now
  many food stuffs and farm products are marketed
  with brand names and GI overlapping with that of
  their original homeland. This situation has
  created enormous confusion in the market place
  between original and new settlement products.

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GI needs examination

• GI is a generic indication applicable to all in a
  particular geographic location and is generally
  applied for a product Ex. Maliabad mango,
  Ratnagiri mango etc.
• Where as, FV refers to farmer evolved plant
  variety occupying a geographic location and
  refers to the plant variety Ex. Alphanso types,
  Dasheri types.
• The haplotype can have minor site specific
  variation as Dasheri 1, Dasheri 2 etc.
• Use of homonymous names (denomination) for both
  FV and GI will lead to confusion.

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GI and FV

• Conflict may arise if GI and FV registration are
  done for the same material and for the same
  purpose without a proper elaboration.
• GI is invariably for a product and not
  necessarily for a produce.
• GI indicates that the product originates from a
  specific geographical region, as it is for
  reasons of geographic environment, including
  natural and human factors.

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Mango orchard Maliabad, Lucknow
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Lucknow mango GI and Traceability
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Ratnagiri mango orchards
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Nagpur orange GI or AO
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French machine that makes grafting.
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Grapes grafted in seconds
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TRIPS requirements and GI

• The TRIPS contains two protection standards for
  GI and Article 22 (2) requires countries to
  provide a legal means to prevent the use of GI
  that suggest that the goods originates in a
  geographic area other than the true place of
  origin.
• And Article 22 (3) requires the countries to keep
  in place a legal system to invalidate the
  registration of trademark, which contains a GI
  with respect to goods not originating in the
  territory indicated.

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GI for protecting livelihood security.

• In the Uruguay Round of WTO negotiations,
  Geographic Indications (GIs) on wines and spirits
  were granted protection beyond those for other
  products under Article 23 of the TRIPS Agreement.
  
• And in the Doha Round member nations are desirous
  of extending above type of protection to some
  other important goods as well.

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TM and GI what separates them.

• There are fundamental differences between Trade
  Mark (TM) and GI. The TM identifies a
  manufacturer, imply certain level of human
  creativity and can be used only by one agency or
  entity.
• On the contrary, the GI denotes the source of
  origin, the product quality or specialty that the
  consumer prefers is governed by the specific
  environment. There is no originality or invention
  or discovery involved in TM.

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The GI registry

• The Registrar of the Controller General of
  Patents, Designs and Trade Marks Act (PDTM Act),
  1999 shall construe the GI in the Registry.
• The TRIPS agreement says to be eligible for a
  GI, good must posses a quality, reputation or
  other characteristics attributable to its
  geographic origin.

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GI for Mango

• If we now start seriously thinking of getting
  for Maliabad mango / Dashere or Ratnagiri mango /
  Alphanso start collecting data and frame rules
  and governance procedure it will take good ten
  years before GI and its coverage in different
  part of the world is achieved.
• Then trade monopoly for those mango types can be
  accomplished to benefit the grower by getting
  higher price for the fruit.

Tanking you
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