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. 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
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
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
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