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 BOARDA 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 TOOLGI 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
Latituds : 12 to 16 NLongitudes: 74 to 77 ELatitudes : 80 to 120 NLongitudes: 740 to 770E
CARDAMOM CULTIVATION
Area :73,795 ha
Production (2006-07):12540 MT
Productivity :227Kg/ ha
ORIGINPre-Historic Times
3000 BC - Later Vedic Period Taitreya Samhita
1400-600 BC Charaka Samhita3rd Century Arthashastra (Sanskrit Text)4th Century Spice Encyclopeida15, 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 importanceCardamom is the unripe fruit of the said plant
UNIQUNESS-Natural & Human Factors
NATURAL FACTORSGeographic factors (topography, soil, & climate) Colour & SizeChemical Constituents andOil Content Use
UNIQUENESS contd.,HUMAN FACTORS
Competence
Skill & Efficient Labour
Zeal
UNIQUENESS contd.Dried CapsuleGreen in Colour (retention of Chlorophyll),Diameter 7mm (hold more oil)Weight 435G/LMinimum Black SplitsImmature, Shrivelled & malformed CapsuleThree CorneredRibbed Appearance
MOLECULAR CHARACTERIZATION - appelley green cardamom
USESpiceFood Additive &Culinary useCarminative, stomachicAnti microbial/ anti fungal medicationDermatological disroders (Pyrosis)Checks nqusea, vomitting, improves eyesight, strengthens nervous systemCardiac Stimulant, gastropatyhy, vathaAntidote for food poisoningChewing prevents bad smell of the mouth
PRODUCTION 1 (pg11 & 12)LocationAgro Climatic FactorsSunshine, rainfall, water, humidity & soil conditions/ constituentsPreparation of landSowing (south-west monsoon)GerminationGrowth & Maturity
PRODUCTION 2 Harvest Light & Hard Picking
Post harvesting measuresWashingCuring Artificial Drying by Kiln DryingProper Packing for proper protectionGrading (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 BoardAdulterationIncessant and Irrational useMisuseProtect true place of origin/ Genuine CultivatorsMaintaining quality of the productIncrease revenue to cultivators
EXPORTS Cardamom and other spices account for about a quarter of the world tradeForms 85% of the total cardamom export from India, aw Coorg Green Cardamom2005-06 875MT exported from IndiaRevenue Rs.27 CroresExported to USA, UK, Japan, Canada, Middle East and Other Countries
NECESSITY OF GI REGISTRATIONTo 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 PROMOTIONCreating 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, NicaraguaCostaricaTanzania India, Srilanka VietnamLavosThailandPapua New Giinea
CASCADING EFFECTS of GI registrationIncrease market demandIncrease profits inland trade and exportsQuality controlEliminates competition from fake & spurious goodsPromotes economic development of owner and the nation
THANKING YOU ANAND AND ANAND [email protected]