UK seeks protection for GI products from agri sector under FTA with India

Britain’s demand for a higher level of protection for its agricultural GI products under the proposed Free Trade Agreement (FTA) with India remains an outstanding issue as talks on the pact are underway to iron out differences, it said an official.

British GI (Geographical Indication) products include Scotch whisky, Stilton cheese and Cheddar cheese.

A geographical indication is primarily an agricultural, natural or manufactured product (crafts and industrial goods) originating from a specific geographical area. Typically, such a name conveys a guarantee of quality and distinctiveness, which is essentially attributable to the place of origin.

Once a product is given this tag, no person or company can sell a similar item under that name.

India normally offers blanket protection for breaches of GI rules, but Britain is seeking a higher level of protection, said the official, who asked not to be named.

“Negotiations are underway between the two countries. There are some issues pending in the chapter on intellectual property rights (IPRs),” the official added.

According to experts, the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) outlines an increased level of protection for geographical indications.

This increased protection prohibits the use of a geographical indication if the product does not actually come from the designated area, regardless of whether the public is misled or the true origin is specified. This ensures full protection of a geographical indication and safeguards its reputation under all circumstances.

It also prohibits the use of terms such as ‘kind’, ‘style’ and ‘type’ for products covered by this protection. Currently, this higher level of protection is exclusive to wines and spirits.

GI is an intellectual property right. On this issue, two countries in a free trade agreement normally adopt rules prescribed in TRIPS and do not go beyond that.

Nilanshu Shekhar, co-founder of law firm KAnalysis, said that Indian law does not distinguish between wines and spirits and other products in terms of GI protection, and the decision to grant higher protection lies with the central government and varies based on international recognition.

India has called for comprehensive protection of products other than wines and spirits to prevent misuse of its labels, such as basmati rice, by other countries.

“Britain’s interest in securing a higher level of Geographical Indication protection for more products in the proposed FTA with India will particularly benefit the strong export segments of wines and spirits, dairy products etc. Because FTAs ​​are based on mutual benefits , India should negotiate firmly for the United Kingdom. to offer similar enhanced GI protection for Indian products to a wider range of Indian products,” Shekhar said.

He said this approach would create a more balanced and reciprocal trading relationship, potentially opening new markets and improving the global position of Indian products.

A higher level of protection of geographical indications for products such as cheese will pose problems for Indian companies. Therefore, New Delhi should not meet the demand unless Britain responds equally in this or any other department, he added.

Abhijit Das, an expert on internal trade and WTO-related issues, shared similar views and said: “If Britain demands a higher level of protection for its geographical indications, Britain must be prepared to offer a higher level of pro- action on our geographical indications. But there may be some adverse effects on cheese manufactured by Amul in India”.

The famous Indian goods with a GI tag include Basmati rice, Darjeeling tea, Chanderi cloth, Mysore silk, Kullu shawl, Kangra tea, Thanjavur paintings and Kashmir Walnut Wood Carving.

Commerce Minister Sunil Barthwal recently stated that India and Britain are not facing any deadline for completing FTA negotiations as both sides are discussing issues that are ‘somewhat’ complex in nature.

India and Britain launched talks on the deal in January 2022.