Madhya Pradesh moves Madras High Court against IPAB order on Basmati rice
Chennai: Madhya Pradesh has approached the Madras high court challenging an order of the Intellectual Property Appellate Board, Chennai, which directed the assistant registrar of Geographical Indications to proceed with the GI registration of Basmati rice for the areas claimed by Agricultural and Processed Food Products Export Development Authority (APEDA) and reconsider the case of Madhya Pradesh for GI registration of Basmati rice.
According to petitioner, the areas mentioned by AP EDA in its GI application were the entire States of Punjab, Haryana, Himachal Pradesh, Delhi, Uttarakhand, parts of Uttar Pradesh and Jammu and Kashmir.
Therefore, the petitioner filed its opposition and upon considering the same, the Assistant Registrar of GI withdrew his acceptance of application of APE DA and directed it to re-file its GI application for Basmati rice after indicating the actual Basmati cultivation areas. Aggrieved, the APEDA moved IPAB, which set aside the order of Assistant Registrar and directed him to proceed with GI registration in respect of APEDA.
However, in respect of the petitioner, the IPAB directed the Assistant Registrar to reconsider its case. Therefore, Madhya Pradesh filed the present petition.
A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh ordered that counter be filed by IPAB, APEDA and two others within three weeks. Rejoinder, if any be filed within two weeks thereafter. The Bench listed the matter for April 5.
The Bench also directed that till a decision on the petition was taken, no precipitating action will be taken by APEDA in respect of the produce from Madhya Pradesh qua the existing areas where such rice, is alleged to have been grown.
The court said senior counsel for petitioner states that the issue of inclusion of certain areas of Madhya Pradesh as Basmati growing areas would have to be examined by the Assistant Registrar of GI in view of the impugned order of the IPAB and there were already decisions to conclude that aspect within six months.
