RiceTec Inc., an American company, was granted a patent by the US patent office to call its aromatic rice "Basmati" even though Basmati rice is specifically grown in certain regions of India and Pakistan. This patent threatens those countries' exports of authentic Basmati rice to the US market and violates the fact that only rice from certain regions can be called Basmati. Critics argue the patent amounts to biopiracy and theft of India's collective intellectual property and biodiversity.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
Basmati rice has long been popular in Asia due to its distinctive natural aroma and characteristic elongation of grains after cooking. Demand for Basmati is increasing worldwide, especially in the Middle East, Europe, and the United States. Basmati rice from India and Pakistan earns almost three-times the price of high quality non-Basmati rice in the domestic and the international markets and we are a food product distributor agency in pune gets you the best quality basmati rice.
3. BASMATI CASE STUDY
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.
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4. BASMATI CASE STUDY
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.)
India and Pakistan will
not only lose out on the
45,000 tonne US import
market, which forms 10
percent of the total
Basmati exports.
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5. BASMATI CASE STUDY
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.."
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6. BASMATI CASE STUDY
Basmati rice means the "queen of fragrance or the
perfumed one."
Grown in the foothills of the Himalayas for thousands
of years.
Perfumy, nut-like flavor and aroma.
A long-grained rice with a fine texture
Costliest rice in the world.
Favored by emperors and praised by poets for
hundreds of years.
India is the second largest producer of rice after
China, and grows over a tenth of the world's wheat.
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7. BASMATI CASE STUDY
In the abstract, "the invention relates to novel rice
lines and to plants and grains of these lines . . . . .
Specifically, one aspect of the invention relates to
novel rice lines whose plants are semi-dwarf in
stature, substantially photoperiod insensitive and high
yielding, and produce rice grains having
characteristics similar or superior to those of good
quality Basmati rice. Another aspect of the invention
relates to novel rice lines produced from novel rice
lines . . . . "
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8. BASMATI CASE STUDY
According to Dr Vandana Shiva, director of a Delhi-
based research foundation which monitors issues
involving patents and biopiracy,
Moreover, she claims the "theft involved in the
Basmati patent is, therefore, threefold:
- a theft of collective intellectual and biodiversity
heritage on Indian farmers,
- a theft from Indian traders and exporters whose
markets are being stolen by RiceTec Inc., and ,
- a deception of consumers since RiceTec is using a
stolen name Basmati for rice which is derived from
Indian rice but not grown in India, and hence not the
same quality."
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