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CASE
BY PALAK BHARGAVA
Basmati is one of the most treasured grains, and is grown only once a year in
the Indo-Gangetic Plain beneath the Himalayan sub ranges. The fertile
alluvial soil, fresh and cold air and the sweet water from the ranges
contribute primarily to the unique characteristics associated with the grain. It
is grown in the states of Uttrakhand, Punjab, Haryana, Uttar Pradesh,
adjoining areas of Jammu, Kashmir, Himachal Pradesh and Delhi.
THE ISSUE
In late 1997, an American company RiceTec Inc, was granted a
patent by the US patent office to call the aromatic rice grown
outside India 'Basmati'. RiceTec Inc, had been trying to enter the
international Basmati market with brands like 'Kasmati' and
'Texmati' described as Basmati-type rice with minimal success.
However, with the Basmati patent rights, RiceTec will now be able
to not only call its aromatic rice Basmati within the US, but also
label it Basmati for its exports. This has grave repercussions for
India and Pakistan because not only will India lose out on the
45,000 tonne US import market, which forms 10 percent of the total
Basmati exports, but also its position in crucial markets like the
European Union, the United Kingdom, Middle East and West Asia.
In addition, the patent on Basmati is believed to be a violation of
the fundamental fact that the long grain aromatic rice grown only in
Punjab, Haryana, and Uttar Pradesh is called Basmati.
ThegovernmentofIndiareactedimmediatelyafterlearningoftheBasmatipatent
issuedtoRiceTecInc.,statingthatitwouldapproachtheUSpatentofficeandurge
themtore-examinethepatenttoaUnitedStatesfirmtogrowandsellriceunder
theBasmatibrandnameinordertoprotectIndia'sinterests,particularlythoseof
growersandexporters.
ThegovernmentofIndiaisparticularlyconcernedaboutthepatentingofBasmati
becauseofanearliercasewheretheUSgrantedapatenttotwoIndian-born
scientistsontheuseofTurmericasawoundhealingagent.Thiscaseworkedin
favorofIndiabecausethepatentwassubsequentlyrevokedafterscientistsof
(CSIR)successfullychallengedthepatentingonthegroundthatthehealing
propertiesofTurmerichadbeen'commonknowledge'inIndiaforcenturies.There
isaclauseinUSpatentlawsthatwillacceptanyinformationalreadyavailablein
publishedorwrittenformanywhereintheworldas'commonknowledge'.Asa
result,Indiawasabletofurnishpublishedevidencetosupporttheircasethatthe
healingcharacteristicsofTurmericisnotanewinventionandassuchcannotbe
patented.
The law firm representing India in the dispute, Sagar and Suri,
criticized the procedures for granting patents in the US claiming it is
diametrically opposite to the one followed in India and Europe.
Conclusion
India and Pakistan who are joining hands to tackle
the crisis have a strong case against RiceTec Inc.
British traders are also supporting India and
Pakistan.
The Middle East is also showing support by only
labelling Indian or Pakistani rice as Basmati. The
case is still unfolding and once the government
and government agencies have gathered the
necessary data and information to support their
case and to prevent their cultural heritage from
being taken away from them.
Thank you