Resolution over GI claims expected on Nov 25, 2020
In a significant development in India’s ensuing Basmati GI litigation, the Supreme Court of India, a three Judge bench headed by Justice Nageshwar Rao, issued a notice in the Special Leave Petitions filed by the Madhya Kshetra Basmati Growers Association Samiti (MKBGA) and the State of Madhya Pradesh.
In the interim, the Supreme Court of India has also restrained the Agricultural and Processed Food Products Export Development Authority (APEDA) from taking coercive action against the Petitioners according to the GI registration granted in favour of APEDA over Basmati. The Supreme Court has said that there are aspects that need to be introspected upon and has listed the matter for final disposal on November 25, 2020.
The Petitioners have submitted that APEDA has claimed GI territories/areas in an unscientific, overbroad and vague fashion to the detriment of the brand Basmati. APEDA had claimed these areas on the ground that they form part of the Indo-Gangetic Plain and that there was a “popular perception” that these areas were the only traditional basmati growing areas. The Petitioners are separately aggrieved of exclusion by APEDA of 13 districts of the State of Madhya Pradesh, which, according to the Petitioners, are traditional basmati growing areas for the past many decades. The Petitioners have separately filed proceedings for inclusion of 13 districts of the State of Madhya Pradesh. These proceedings are currently pending adjudication before High Court of Madras.
