Trade War for Trans-Border Basmati Label - an Assessment of Select Legal Issues Before the European Commission

Abstract

On 11 September 2020, the DG Agriculture at the European Commission published contents of a unilateral Application No. PGI/IN/02425 for the registration of the term “Basmati” as a Protected Geographical Indication (PGI) in relation to aromatic rice products. The aforesaid application has been filed by India, through its Agricultural and Processed Food Products Export Development Authority (APEDA). Pakistan (as a stakeholder country itself), along with its Rice Exporters Association have lodged their oppositions against the aforesaid application before the DG Agriculture of the European Commission. In its Application No. PGI/IN/02425, India/APEDA chose to move ahead unilaterally to apply for the PGI of Basmati, and failed to mention the geographical areas of Pakistan that should also be covered in the same since Basmati is a trans-border PGI. It is the humble view of the authors that India’s/APEDA’s Application No. PGI/IN/02425 is hit by the principle of estoppel; is in breach of European Commission’s ‘Guide to applicants: How to compile the single document’; and is in breach of Articles 5(2)(a), 5(2)(b), and 7(1)(a) of Regulation No. 1151/2012. For convenient reading, the body of this article has been arranged into six parts. The first part serves as an introduction. The second part highlights past instances where the European Commission has recognized trans-border PGIs that originate from two countries. The third part identifies the legal issues that can arise in a dispute for trans-border geographical indication. The fourth part focuses on historical origin and reputation of Basmati as a trans-border PGI under Article 7(1)(a) of Regulation No. 1151/2012. The fifth part provides an overview as to the link with the geographical area for Basmati as a trans-border PGI under Article 5(2)(a) and (b) of Regulation No. 1151/2012. The sixth part serves as the conclusion to this article.