whose basmati is it?

1. PRESENTED BY
KARTIKAYE JAJOO
PRATIK BHANUSHALI
SAGAR PARIKH
SHREYA DUBEY
WHOSE BASMATI IS IT ?

2. INTRODUCTION
 In September 1997, an American company RiceTec Inc, a small food
technology company based in Taxes, was granted a patent by the US
patent office to call the aromatic rice variety developed in USA
'Basmati'.
 India challenged arguing that Basmati is unique aromatic rice grown in
northern India and not a name RiceTec could claim and only inventions
can be patented. Consequently US patent office accepted India’s basic
position and the company had to drop 15 out of 20 claims that it had
made. And for remaining claims, Rice tec managed to evolve three new
varieties of rice for which it got patent from United States Patent and
Trademark office (USPTO).
 RiceTec Inc, was issued the Patent number 5663484 on Basmati rice
lines and grains on September 2, 1997

3. INTRODUCTION
 Rice Tec was not handed over Basmati Brand but provided a patent for
superior three strains’ of Basmati developed by cross-breeding a
Pakistani Basmati with semi-dwarf American variety.
 According to WTO agreement, geographic indication like Basmati can
be protected legally and their misuse can be prevented. And Indian
government was late in taking such actions.

4. 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. According to sources from the
Indian Newspaper, Economic Times, "Patenting Basmati in the US is
like snatching away our history and culture."(1)

5. TRIPS
 An evaluation of TRIPs for India shows that India and other
developing countries are losing out on account of patent illiteracy.
India has amended the Indian Patent Act, 1970 through an
ordinance in 1999 providing Exclusive Marketing Rights (EMRs)
for a product to patent applicants. India needs to amend product
patents in food, pharmaceuticals, agriculture and chemicals sector
for 20 years. The Act already provides for process patents for 7
years. Till the amendments are made, India will lose out with
patents being obtained in the US and the EU. This is exactly how
Rice Tec Inc of USA had been granted a patent for Basmati rice.
Fortunately with timely legislation, India has won the Basmati
patent case.

6. Q.1 Can any of the following Viz., turmeric, neem and the
name Basmati be patented? Substantiate your answer
 Inventions can only be patented if they satisfy three criteria:
 Novelty: only inventions that are genuinely new, and not part of
existing knowledge, can be patented.
 Non-obviousness: if the new invention is obvious, i.e. anyone familiar
with the subject could easily anticipate the invention, then it cannot be
patented.
 Utility: the invention has to work in practice.
 Turmeric cannot be patented because turmeric is being used in India
for thousands of the years and therefore unless and until its new use is
not being invented, it can not be patented as it would not be called
invention for which generally patents are given.

7. QUESTIONS
 Unless and until new usage of Neem is not found out, neem can not be
patented because it has been used by Indian people for various uses
since many years and hence unless new use is not found patenting is
not possible because patents are given for some new inventions.
 Basmati Name cannot be patented because it is a name given to long
rice having good fragrance grown in northern part of India and Pakistan
for thousands of years and according WTO’s agreement regarding
geographic indication which can be protected against misuse hence
Basmati Name is not patentable

8. Q.2 Evaluate the role played by Government of India in
preventing the misuse of the name Basmati.
 In an official release, the government of India reacted immediately after
learning of the Basmati patent issued to RiceTec Inc., stating that it
would approach the US patent office and urge them to re-examine the
patent to a United States firm to grow and sell rice under the Basmati
brand name in order to protect India's interests, particularly those of
growers and exporters.
 For years, India largely ignored any claim or legal protection for
growers and marketers of basmati. A bill has been introduced to
recognize produce as belonging to a specific geographical area, but it is
still pending before a panel of the Parliament. Given that basmati is not
patented by geographic location even within India, the country's
international patent appeal appears weak.