27th May 2004, Geneva

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• 27th May 2004, Geneva
• 2004 Annual WTO Public Symposium
• ORIGIN Round Table on Geographical Indications
• Session 2 Case for Better GI Protection in the
  DDA Framework
• Brig. Anil Adlakha, Vice President (Asia) -
  ORIGIN
• Introduction
• GI Products Their Protection
• Importance for Producers Consumers
• Protection of GIs In TRIPS
• Multilateral Register
• Doha Round
• Conclusion

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INTRODUCTIONAs we have seen in the first
session, GIs can contribute in a very efficient
way to promote sustainable development in our
countries. They are a key instrument to ensure
that localized products can have their own role
to play in the context of a globalised trade
economy. In this session, three speakers coming
from all corners of the world, USA, Italy and
China will explain to you why there is a need to
better protect GIs in the WTO framework.For my
part, I would like to give you a rapid overview
of the key elements for better GI protection on
behalf of Basmati Rice producers. We are all
aware that WTO was formed as a result of years of
painstaking efforts on the part of Govts and
other bodies to establish a globally acceptable
basis for a new economic order. The Trade Related
Aspects of Intellectual Property Rights (TRIPS)
Agreement under this WTO regime represents the
resolve of all member countries to use IP as one
of the means for achieving this balance. 
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The Multilateral Trading System embodied in the
World Trade Organisation has contributed
significantly to economic growth, development and
employment throughout the past fifty years and
everyone is determined, particularly in the light
of the global economic slowdown, to maintain the
process of reform and liberalization of trade
policies, thus ensuring that the system plays its
full part in promoting recovery, growth and
development. Every member has strongly been
reaffirming that the principles and objectives
set out in the Marrakesh Agreement Establishing
the World Trade Organization must be sustained at
all costs and rejecting the use of protectionism.
 WTO members have constantly been confirming
their commitment to the objective of sustainable
development. They all are convinced that the aims
of upholding and safeguarding an open and
non-discriminatory multilateral trading system
and acting for the protection of the environment
and the promotion of sustainable development can
and must be mutually supportive.
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GI PRODUCTS THEIR PROTECTIONAs we have
seen in the first session of this round table,
Geographical indications are part and parcel of
the cultures and traditions of a country. They
are, therefore, of considerable importance for
countries, both developed and developing since
they contribute to the reputation of the products
concerned and create goodwill among consumers.
All well known GIs such as Champagne, Scotch
Whisky, Basmati rice, Alphonso Mangoes,
Darjeeling tea, Roquefort Cheese, Mexican
Tequila, Argan Oil, Napa Valley Wine, Thai Silk
and Malabar Pepper etc are what they are today
because of sustained efforts by individuals and
organizations to keep their mystique and aura in
existence, promote and preserve the quality of
these products and elevate them to a pedestal
where they have become synonymous with their
geographical origin.  A GI Product designates
geographical location and provides some elements
as to the quality of the product. However, such
reputation and image with buyers are often abused
by dishonest entities.
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IMPORTANCE FOR PRODUCERS CONSUMERS GIs are
anchored to the particular region for which they
come from and as such contribute to the
socio-economic dynamics in many regions of the
world. They also create and support jobs and
encourage diversification in production. They
allow producers and manufacturers to dedicate
themselves to the commercialization of
traditional products in response to the demands
of quality-conscious consumers thus taking care
of both producers and consumers. GIs also
contribute to the conservation of natural
resources and the preservation of native
traditions and cultural heritage often reaching
back to distant ancestors. As such, GIs are of
importance to producers and manufacturers
throughout the world, especially those in
developing countries who need the means to put
products on the market which are easily
differentiated and identifiable via their
geographic origin.  
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Consumers can immediately recognize the origin of
products. The improvement of protection for GIs
at the international level will help the fight
against the public being misled. A product whose
name refers to or evokes a certain geographical
region must be from that region. Such a
protection facilitates the preservation of
diversity and the quality of production in
different parts of the world. Without this
protection, producers of specific products will
continue to be exposed to abusive uses of their
geographical indications by producers in other
countries who free ride on the reputation and
recognition already established by those names in
order to better sell products that do not bear
the same qualities as the originals. Thus the
original GI Products suffer financially and if
not checked then they may permanently be
obliterated.
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PROTECTION OF GIs IN TRIPS The TRIPS
Agreement contains a section exclusively devoted
to the protection of GIs.  But, as will be
explained by the three speakers of this round
table, the TRIPS agreement currently does not
provide for adequate or sufficient protection of
geographical indications. This is why we need to
obtain the extension of the additional protection
granted to wines and spirits by Article 23 as
well as the establishment of a legally binding
multilateral register for GIs. Here I would
like to say something about the Protection of
Basmati, which presently, is entitled to only a
general level of protection under Art.22 of
TRIPS. At the general level, member countries
are obliged to enact legal means for protection
of GIs against deceptive or misleading use and
other acts of unfair competition. 
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However, the protection granted under Art. 23 to
wines and spirits is a higher level of protection
in comparison with Art. 22. Protection under
this article requires member countries to prevent
the use of GIs even if they do not imply that the
wines or spirits originate in a place other than
the true place of origin, even if a GI is used in
translation or accompanied by de-localising
terms/ qualifiers such as type, kind, style
or the like (In other words, for wines and
spirits, even in the absence of public deception
as to origin, use of a particular GI would be
prohibited).
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In the absence of a higher level of protection as
in Art. 23, protection of the Indian and all
other GIs, at the international level requires
larger resources for worldwide protection and
enforcement. Today, we have already fought/
fighting around 100 Trade Mark cases in over 30
countries, who are piggy riding on the Name and
Goodwill of Basmati not only in Agricultural
products but other products like Baby Foods,
Ancillary Services, Saffron, Coffee, Spices,
Juices, etc. These legal battles world over has
costs us fortunes, which any developing country
can ill-afford. Thus, it can be seen that
discrimination between the Haves and the
Have-Nots under TRIPS introduces element of
inequity and imbalance in the world trade order,
which is not acceptable. This discrimination
calls for either country specific WTO dispute
settlement action or a campaign like we are doing
today for amendment of Art. 23 of TRIPS, which
would ensure an absolute level of protection and
a uniform practicable legal regime for all GIs
(not wines spirits alone).
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India, supported by the European Communities and
their member states, other developed countries
such as Switzerland and neighbouring countries
such as Sri Lanka and Pakistan and other like
minded countries (informally known as the Friends
of GIs), have taken the stand before the TRIPS
council that there are today no economic or
systemic reasons for protecting GIs for certain
products differently from others. Therefore, to
sum up, it may be said that, with the world
moving towards globalization and harmonization of
IP rights and economies, uniform standards of
protection of GIs are strongly called for to
foster and nurture an equitable world trade
order. The inexplicable discrimination against
GIs for products other than wines and spirits, if
not rectified, will lead developing countries
such India to conclude that the TRIPS Agreement
is just an eyewash. On a larger frame, the TRIPS
council should also examine the difficulties
faced by member states in enforcing GI rights
internationally because of the dual
jurisprudential systems and the lack of a uniform
mode of protection for GIs.
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MULTILATERAL REGISTER Establishment of a
Multilateral Registry for GIs would constitute a
powerful complementary tool for concretely
defending this intellectual property right. A
registry at the international level would require
a list of GIs to be officially recognized by all
of the economic players in all countries of the
world. Registration of a name in the registry
would also make it possible to reverse the burden
of proof. In the current situation, it is the
producer who is the victim of usurpation who must
demonstrate that he is the true owner of the GI.
In the future, from the moment a GI is registered
in the registry, it will be the producer accused
of usurpation who will have to demonstrate his
innocence.
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DOHA ROUND It has been accepted by all WTO
members in the Ministerial Declaration at 4th
session at Doha from 9 14 November 2001, that
the International trade can play a major role in
the promotion of economic development and the
alleviation of poverty. They all recognize the
need for all people to benefit from the increased
opportunities and welfare gains that the
multilateral trading system generates. The
majority of WTO Members are developing countries.
Recalling the Preamble to the Marrakesh
Agreement, they promised to continue to make
positive efforts designed to ensure that
developing countries and especially the
least-developed among them, secure a share in the
growth of world trade commensurate with the needs
of their economic development. In this context,
enhanced market access balanced rules, and well
targeted sustainable financed technical
assistance and capacity-building programmes have
important roles to play. 
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All Ministers at Doha in their Ministerial
Declaration also categorically stated vide
Section 18 that With a view to completing the
work started in the Council for Trade-Related
Aspects of Intellectual Property Rights (Council
for TRIPS) on the implementation of Article 23.4,
we agree to negotiate the establishment of a
multilateral system of notification and
registration of geographical indications for
wines and spirits by the Fifth Session of the
Ministerial Conference. We note that issues
related to the extension of the protection of
geographical indications provided for in Article
23 to products other than wines and spirits will
be addressed in the Council for TRIPS pursuant to
paragraph 12 of this Declaration.
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CONCLUSION The issue of GI Protection was on
the Agenda for deliberations at 5th Ministerial
Conference held at Cancun Mexico in second
week of September 2003 but for its early collapse
due to confronting stance taken by G-20 countries
(led by India, Brazil, China and South Africa)
and the Developed Nations dashed all our hopes in
this regard. We are indeed fortunate that we have
been given an opportunity to present our case as
to how better protection to hundreds of
Nationally and Internationally recognized GI
Products can be given where millions of people
are directly and indirectly earning their
livelihood. The worlds apex body WTO must
positively respond to our request. My friends
from the USA, Italy and China will now explain to
you why the current level of protection granted
to GIs under the WTO is largely insufficient from
their point of view and why there is an urgent
need to enhance that protection. We will take
questions after the three presentations.
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THANK YOU
FOR MORE INFORMATION VISIT OUR WEBSITE AT
Vice President (Asia) - ORIGIN
WWW.ORIGIN-GI.COM
Executive Director All India Rice
Exporters Association, India
WWW.INDIANRICES.COM