GI PROTECTION FOR INDIAN SPICES

PRESENTATION BY: Mr. GK MUTHUKUMAAR, ANAND AND ANAND, ADVOCATES, ON BEHALF OF SPICES BOARD

SPICES BOARD

A Commodity Board and Agency under the Ministry of Commerce and

Industry

Sugandha Bhavan, N.H. Bye-Pass, P.B. No.2277, Palarivattom,

Cochin-25.

SPICES BOARD A statutory board constituted under the Spices

Board, Act, 1986,

For the main purpose of development of spices and for control of the spice industry in the country and control of spice cultivation

Legal registration of owners of spice estates, returns to be made by registered owners, grant of certificate for purpose of export, control of price, distribution of spices etc.,

It is a legal entity entitled to represent the interest of the spice cultivators, inland trade and export from India

LEGAL COMPETANCE OF SPICES BOARD

Applicant is a legal entity established by the Ministry of Commerce and Industry, Govt. Of India

Formed to monitor & develop Spice Trade

To regulate & encourage export of quality spices

Certifying Authority – Quality Control

Represents the interest of the cultivators/ producers of SPICES

GI AS A BRAND BUILDING TOOL GI are trademarks but with a different legal

conception

Function of GIs is similar to trademarks except that they point to the place of origin and not to the owner of the goods

On other legal aspects such as assignment, they differ from trademarks

GI registration is only the first step towards capitalising on your GI

It should be followed by brand promotion/ awareness creation and commercial exploitation

CASE STUDY – Alleppey Green Cardamom Nature of GI- a word mark

Conveys/ suggests that the geographical origin of ‘ALLEPPEY GREEN CARDAMOM’ is;

Idukki, Palghat, Wynad & Trivandrum Districts in the State of Kerala, India &

Tiruvelveli, Dindugul, Coimbatore, Nilgiris and Theni Districts of Tamil Nadu, India

GEOGRAPHICAL AREA OF PRODUCTION

Coorg green cardamom

Alleppey green cardamom

Latitudes : 80 to 120 N

Longitudes: 740 to 770E

Latituds : 12° to 16° NLongitudes: 74° to 77° E

CARDAMOM CULTIVATION

Area Area :73,795 ha :73,795 ha

Production (2006-07)Production (2006-07) :12540 MT:12540 MT

ProductivityProductivity :227Kg/ ha :227Kg/ ha

ORIGIN Pre-Historic Times

3000 BC - Later Vedic Period – Taitreya Samhita

1400-600 BC – Charaka Samhita 3rd Century – Arthashastra (Sanskrit Text) 4th Century – Spice Encyclopeida 15, to 20th – Writings

DESCRIPTION OF GOODS Plant is perennial and belongs to;

Family Zingiberaceae, Order Scitaminae, Genus Elettaria, (6 species) Species Cardamomom Variety- Mysore Variety

True Cardamom and of economic importance

Cardamom is the unripe fruit of the said plant

UNIQUNESS-Natural & Human

Factors

NATURAL FACTORS Geographic factors (topography,

soil, & climate) Colour & Size Chemical Constituents and Oil Content Use

UNIQUENESS contd.,

HUMAN FACTORS

Competence

Skill & Efficient Labour

Zeal

UNIQUENESS contd. Dried Capsule Green in Colour (retention of Chlorophyll), Diameter 7mm (hold more oil)

Weight – 435G/L Minimum Black Splits Immature, Shrivelled & malformed

Capsule Three Cornered Ribbed Appearance

MOLECULAR CHARACTERIZATION - appelley green cardamom

USE Spice Food Additive &Culinary use Carminative, stomachic Anti microbial/ anti fungal medication Dermatological disroders (Pyrosis) Checks nqusea, vomitting, improves

eyesight, strengthens nervous system Cardiac Stimulant, gastropatyhy, vatha Antidote for food poisoning Chewing prevents bad smell of the mouth

PRODUCTION – 1 (pg11 & 12)

Location Agro Climatic

Factors Sunshine, rainfall,

water, humidity & soil conditions/ constituents

Preparation of land Sowing (south-west

monsoon) Germination Growth & Maturity

PRODUCTION –2 Harvest – Light & Hard Picking

Post harvesting measures Washing Curing – Artificial Drying by Kiln Drying Proper Packing for proper protection Grading (colour, size, wt, and Che

Const) Grades- Extra Bold, Bold, Superior,

Coorg green or Mota green, Shipment & Light

HUMAN ELEMENT

HUMAN SKILL

HUMAN LABOUR

QUALITY CONTROL – by Spice Board

Adulteration Incessant and Irrational use Misuse Protect true place of origin/ Genuine

Cultivators Maintaining quality of the product Increase revenue to cultivators

EXPORTS

1. Cardamom and other spices account for about a quarter of the world trade

2. Forms 85% of the total cardamom export from India, aw Coorg Green Cardamom

3. 2005-06 – 875MT exported from India4. Revenue Rs.27 Crores5. Exported to USA, UK, Japan, Canada,

Middle East and Other Countries

NECESSITY OF GI REGISTRATION To enable protection/ enables infringement action

Prevents dilution, loss of reputation and goodwill

Enables efficient management and use of the GI by statutory protection,

Forms a foundation for promotion and commercial exploitation

Protects consumers from deception

Brand promotion

Protects brand equity

BRAND PROMOTION Creating awareness – camps, awareness

programs, exhibitions, fairs, contests, advertisements in prints & electronic media

Write ups, articles highlighting the need to use GI branded goods

Strategic partnerships/ JVs to market GI branded goods

Guatemala, El.SalvadorHonduras, Nicaragua

Costarica

Tanzania India,

Srilanka

VietnamLavos

Thailand

Papua New Giinea

CASCADING EFFECTS – of GI registration

Increase market demand Increase profits – inland trade and

exports Quality control Eliminates competition from fake &

spurious goods Promotes economic development of

owner and the nation

THANKING YOU

ANAND AND ANAND chennaianandandanand@yahoo.co.in