Time to rectify GIs registration

04 Jun, 2009

As revealed in a news report appearing on June 2, in a letter written to the Federal Secretary, Ministry of Commerce, Suleman Ghani, President, Karachi Chamber of Commerce and Industry (KCCI), Anjum Nisar, has drawn the Ministry's attention to the promulgation of GIs Law and establishment of GI registry in Pakistan.
Reference, in this context, may specifically be made to his lament that while India, which had also promulgated GI Law and established GI registry, had already registered and notified Pakistan's well known variety of 'Super Basmati' as their own variety of rice. More to this he contended that many other GI products and produces were at various stages of registration in that country, and this could embolden her to claim internationally as its own.
As against this, he made a pointed reference to the grim reality that in Pakistan, the draft bill on GIs, duly approved by the stakeholders' meetings called by the Intellectual Property Organisation (IPO) was still awaiting promulgation, and consequently implementation.
Needless to point out, in this kind of a situation, his apprehensions that in the event of draft bill being further delayed and the government failing to take appropriate action to implement and promulgate the GI Law, the exports of Pakistan's traditional indigenous products in respect of Pakistani Basmati, Sindhri Mango, Chaunsa Mango, Hala Furniture products would be seriously affected, should appeal to reason.
What's more the KCCI President also recalled to his dismay that in our country, applications to register 'Basmati' as GI were filed, which had been filed by two private sector parties, culminated in a legal battle. It will be recalled that some three years ago a hullabaloo was created over the issue of Basmati registration as the collective mark by Basmati Growers Association (BGA), which was said to be simply a seven-member entity.
It had then been widely asserted that millions of stakeholders could be hit by registration of Basmati to such body. The then Chairman of Rice Export Association of Pakistan (REAP) had filed an objection with Trade Mark Registry to oppose the registration of Basmati to the BGA. Haji Abdul Majeed, suggesting activation of the Pakistan Rice Board (PRB), suggested registering Basmati to the PRB to keep the identity of this commodity as national heritage.
It goes without saying that such controversies need be resolved in the largest interest of the country. This may precisely be why Anjum Nisar has averred that in order to avoid confrontation amongst the stakeholders for other GIs, it will be in the fitness of things for the government to carry out GIs registration through competent authority like Trade Development Authority of Pakistan (TDAP).
Inspiration, in this context, may also be derived from the Indian example, as it initiated registration of 'Basmati' GI through its Agricultural and Processed Food Products Export Development Authority (APEDA). Again, as he has stated, and rightly so, that several other countries where GIs have been registered by the governments, instead of private applicants, thus beckoning the government to mend the system before it becomes too late.

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