Can a Recipe have a Passport? The Future of Food Protection Under Indian GI Regime

Introduction

Geographical Indications (GIs) are an important form of intellectual property that helps protect traditional food products which have unique qualities characteristics, or a good reputation because of where they come from In India, which has a long and rich history of diverse food traditions, GI protection has become more important for traditional foods like Darjeeling Tea, Basmati Rice, Tirupati Laddu, and Hyderabad Haleem.

However, there are complex legal issues when it comes to how GI protection interacts with food standardization. The primary organization that establishes requirements for food items is the Food Safety and Standards Authority of India (FSSAI). 

The Geographical Indications of Goods (Registration and Protection) Act, 1999, which strives to preserve traditional methods of food preparation and the distinctive characteristics that come from a particular region, also governs GI protection. 

This overlap leads to a challenging situation: FSSAI's emphasis on establishing uniform, safe, and high-quality standards for various products may restrict unique features that originate from a certain area. GI protection, on the other hand, is designed to preserve the distinctive features and regional variations.

This article looks at the legal issues that come up when these two areas meet. It explores how GI protection can be included in FSSAI standards, how these systems can work together, the challenges in enforcing them, ways to resolve conflicts, and issues related to aligning with international standards. We are also going to discuss on the recipe whether it can be protected under the geographical indications of the Indian regime. 

Meaning of Geographical Indications and Goods under the Act

Section 2(e) - Geographical indication means an indication which identifies such goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or any other characteristic of goods happens because of its geographical origin.

If it is a manufactured goods means then one of the activities of  either  production or processing or preparation of the goods  takes place in such a region or locality.

The Types of goods under this Agricultural goods, Natural goods or Manufactured goods.

Section 2(f)- Goods means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff;

So from the above we came to know that the goods which were considered as the geographical indications were also including the food stuff. This means the foods can be also protected under the Geographical Indication Act .

Protection Under the Act

For the protection of Food Stuffs under this Act the concerned person needs to make the registration of the Food Stuffs.  For that the person needs to make an application for the registration by containing the prescribed details under Section 11 to the register and also the person needs to pay the prescribed fee and the application will be examined by the Registrar. 

The Registrar will Advertise the Application under Section 13 and if any objections or opposition raised and the Registrar will conduct the opportunity of being heard under 14. 

Under the Section 12 The Registrar can reject the application but before the registration. 

So after the following the process under section 12,13,14,15 The registrar will Register the Food stuffs as Geographical indications under Section 16 and will issue the Certificate with the seal of the Geographical Indications Registry.

Under section 18 ,The registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.

The Registrar shall, on application made in the prescribed manner, by the registered proprietor or by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, renew the registration of the geographical indication or authorised user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be ,which date is in this section referred to as the expiration of the last registration. Any person whose it is not satisfied by the decision of the Registrar can make an appeal to the Appellate board and after the Appellate Board the infringed person can make an appeal to The High Court and all the appeal should be made within prescribed time.

Effect of the Registration

The unregistered Food stuffs will not be protected from the infringement that was mentioned in the Section 20. There were two exclusive rights under Section 21 They are Right to use of the GI in relation to the Food Stuffs.

Right to get relief when the infringement of the geographical indications in relation to Food stuffs happened.

So whenever the infringement suit is happening the Registration of the GIs will be treated as prime facie evidence and has great evidentiary value. When the person has authorized rights over Geographical indications in relation to the food stuff, if he/she died the right will be transferred to his/her legal successor.

So this food stuff will be protected under the Geographical Indications Act and will get protection.

Geographical Indications In Relation to Food Stuffs Protection 

Kashmir Pashmina, Tirupathi Laddu, Darjeeling Tea, Nagpur Orange, Kolhapur chappal, Kangra Paintings, and others these were the food stuffs which protected under GI Indian regime. The foods which needs to get GI tags need to satisfy the condition that must historically originate in a specific geographic region alone and must possess certain qualities or characteristics or a reputation that is essentially attributable to the said region.

The Basmati Rice Demarcation Dispute

The court held the there need to be exact and accurate boundary and region for the getting Geographical Indication to the basmati rice .This was the Landmark case  The following food stuffs are protected Under the Indian GI regime they are.

1. Agricultural raw and produce

2. Prepared Foods

3. Beverages

Recipe Protection

The food recipe can have a passport; it means whether the recipe can be protected under the Geographical indications . The recipe cannot be protected under Geographical indications as the recipe which is for preparation of food if it is known to the people means they can make the food stuffs anywhere around India . But to qualify under the Geographical Indications the things which are used to prepare the food stuffs should be only and exclusively in the particular locality and region this is what is the distinction between the recipe and food stuffs. Whether the recipe can be protected under the Intellectual property? The Answer is yes the Recipe can be protected under Copyright, Trademark, Trade secrets.

Conclusion

The food Stuffs can be protected under the Geographical indications and it must qualify the conditions which are discussed above . This is what makes distinction from the recipe and it is clear that the recipe cannot be protected under the GI regime . Even the landmark case says that to get the GI tag there must be an accurate and exact region where the particular things need to be available there alone. The alcohol related food stuff will not get the Geographical indications.

The geographical indications protection will protect the infringement and also need to pay the royalty if it happens. The geographical indication basically protects the brand value and goodwill of the food stuffs this boost the economy of the person who is holding it and these will be also boosting the economy of the country also this is what is the purpose of intellectual property protection.GI for food products is a very useful tool that helps producers protect their traditional knowledge in a legal way. Along with this protection, GI also brings higher prices, more jobs, and more tourists to the area where it is registered. This helps the region in many ways economically. GI is seen as one of the best tools for bringing prosperity and sustainable development to a region.

Author: SaiRaman S.A, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

References

1. GIs for Food Stuffs: IP or Recipe?- www.spicyip.in

2. Food Products Protected Under Indian Geographical Indications Law: An Overview- www.researchgate.in

Statutes : The Geographical Indications of Goods Act, 1999, Section 2,11,12,13,14,15,16 and 18

Case Laws : The Basmati Rice Demarcation Dispute