Geographical Indications are commonly called as GI’s. GI is a sign which identifies goods that have a specific geographical origin and which possess a given quality, reputation or other characteristics that is essentially attributable to that geographical origin.
A GI
functions to create differentiation between various products that originate
from a particular place. It also contributes in rural development as local
producers can benefit not only in terms of jobs and higher income but also the
region, locality or area gets popularity among the larger masses.
Through a particular place of origin, the consumers are suggested about the quality or characteristics that are attributable to that particular product. GI can also be used to preserve traditional knowledge and traditional cultural expression as the products are generally an outcome of the traditional knowledge or processes that are carried forward by generations in a particular region. E.g., The Darjeeling Tea has got protection under the Geographical Indication realm of Intellectual Property.
Some of the benefits of granting GI tag would be:
- There will be great impact over tourism in the States due to the grant of GI.
- GI not just gives domestic but international recognition as well.
- The socio-economic conditions of the people within the States will improve and they will be benefitted though the grant of GI.
- The economic growth of the State will enhance, adding to the States successful revenue model.
- The exports and global condition of the local markets would be more reliable and trusted by people globally.
- The morale of the people belonging to the States will be boosted and they would be motivated through the grant of GI.
- The economic growth of the State would lead to better standard of living for the people belonging to that State.
- Also, the culture, tradition, language of the State would be more renowned.
India is known for its culture, rich heritage, diversity and to add on to this our country is also famous because of the delicious cuisines. From North to South and from East to West, India has a variety to offer in terms of cuisines. Each State in India has something unique and different to offer. India has a lot of famous dishes ranging from sweet to spicy and from savoury to full of tanginess. One interesting case that you would be reading is based on a sweet dish which is famous throughout the globe. There is one famous dessert that is lip smacking due to the charm it has created and it is none other than Rasgulla.
The Indian desserts are well known throughout the globe and Rasgulla is one such dessert that has created its own space for sweet lovers in the sweetish realm of food paradise. The ball shaped dumpling of chhena cooked in light syrup made of sugar is lauded by the sweet lovers and is immensely popular. This sweet dish is unique and has a special place in the lives to the people who love sweets.
A GI functions to create differentiation between various products those that originate from a particular place. It also contributes in rural development as local producers can benefit not only in terms of jobs and higher income but also the region, locality or area gets popularity among the larger masses. Through a particular place of origin, the consumers are suggested about the quality or characteristics that are attributable to that particular product. GI can also be used to preserve traditional knowledge and traditional cultural expression as the products are generally an outcome of the traditional knowledge or processes that are carried forward by generations in a particular region.
In India we have the ‘Geographical Indications of Goods (Registration and Protection) Act, 1999 which extends to whole of India. There are various GI’s that have been granted so far but you would be reading an interesting case relating to Rosogulla. After being acquainted with the meaning of GI, one would find it even simpler to study the case and understand the judgement that was passed by the GI Registry of Chennai, India after various examinations, inspections and introspection done by the Registry.
The entire case has been put forth in various stages and in a concise manner so that there is better clarity on this case. This case law involves two States of India namely West Bengal and Odisha.
Stage I
The West Bengal State Food Processing and Horticulture Development Corporation Limited filed for an application of G.I for Rosogulla. The application number is 533, and the date of filing is 18/9/2015. Initially the Registry in the Examination Report objected that the applicant is a government-controlled body and does not satisfy the statutory mandate of being an associate of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods as per 11 of the Act. However, this objection was countered by the applicant in their reply to the Examination Report that the applicant is an autonomous body registered under the Registrar of Companies Act and it upholds the interest of entrepreneurs and artisans in sweet making industry of the State. The main objective of the applicant is to help in promoting the development of food processing industry in West Bengal.
Stage II
Though this contention was granted by the Registry after the reply filed by the applicant but there was opposition filed by the State of Odisha contending that Rasagulla originated in the State of Odisha as the tradition of making the sweet dates back to the 12th century as a religious ceremony of offering it at the Puri Jagannath Temple. While Bengalis claim that the sweet was invented by Nobin Chandra Das which was in the 18th century.
Stage III
As the opposition could not stand the need of evidence the prolonged dispute of the sweet had finally reached the stage of settlement in the year 2017 when West Bengal got the G.I for its 'Banglar Rosogulla'. Though the battle seemed to have ended for West Bengal but it was still on for the State of Odisha. In February 2018, Mr. Ramesh Chandra Sahoo who is the chairman of regional development trust in Odisha filed a rectification petition demanding the cancellation of Bengal's G.I registration but however ultimately West Bengal got its G.I despite various objections and hurdles.
Stage IV
As there were waves of joy in West Bengal, the Punya Utkal Trust in Odisha through its organizing secretary Susanta & Santosh Sahoo filed a PIL in the Orissa High Court against the Government of Orissa assailing the inaction of Odisha Government in taking steps for applying and obtaining G.I registration for Rasagola. The petitioners requested the Odisha Government to get the G.I registration for the Odisha version of Rasagola. The State of Odisha filed for a G.I status based on the texture, colour, flavour and pattern in which the State made Rasgulla and finally got the G.I for the Odisha version in the year 2019 Thus, this ended the bitter battle over the sweet taste buds.
Currently both the States have G.I tag for their versions of the sweet dish. The following image is an official tweet by the Chief Minister of Odisha, Naveen Patnaik who shared the Certificate from the G.I Registry to congratulate the people of Odisha. Also, the following image displays the application details along with the logo that was granted to the State of West Bengal in the form of GI protection which was one of the most sought-after protections by the State and the official tweet by the Chief Minister of West Bengal, Mamata Banerjee popularly known as Didi.
