ISLAMABAD: After a lapse of around 18 years, Pakistan on Monday finally approved and notified geographical indication (GI) rules to protect its domestic products in the international market.
The rules were approved in a fast move after the country was caught unaware when India applied for an exclusive GI tag to Basmati rice in the European Union (EU) in September 2020. Pakistan was also facing registration issues regarding domestic products in the international market as local items were not protected through the GI law.
As per the approved rules, a copy of which is available with Profit, at least 79 products, including Basmati Rice, Khanpur Khwa, Bahawalpur Chunri, Bhakkar Karna Oil, Khewra Pink Salt, Chitrali Embroidery, Hunza Apricot, Sukkur Dates etc., have been protected through the GI law.
“GI identifies agricultural, natural and manufactured goods originating, manufactured or produced in a territory, region or locality as determined by the country, where a given quality, reputation, characteristics, ingredients or components are essentially attributable to its geographical origin,” the rules stated. “In the case of manufactured goods, the production, processing or preparation of the specified product takes place in a certain territory, region or locality.”
To implement GI rules, the concerned division shall establish a GI Registry under the management and control of IPO Pakistan. Trademarks Registry and its branches established under the Trademarks Ordinance, 2001 (XIX of 2001) shall carry out functions of the GI Registry and its branches till a separate GI Registry is established under the said Act.
The rules include the procedure of application, assessment, conformity of GI with a book of specification, opposition to the application, duration, renewal, removal and restoration of registration, infringement of GI, grant of certificate, prohibition on transfer etc.
Apart from the registration of domestic products, the GI rules also define law about registering foreign GI. As per the rule, a geographical indication of a foreign country shall be registered in Pakistan as long as it is registered in accordance with the local legislation in its country of origin. The title and date of the legislative or administrative provisions or of judicial decisions regarding protection to the geographical indication in the country of origin shall be considered for accepting foreign GI application.
The registry shall not allow the registration of a foreign GI which is not or has ceased to be protected in its country of origin, or which has fallen into disuse in that country. The application for registration of foreign GI shall be made at the registry by its legal representative in Pakistan.
During the registration procedure, the registry may require the applicant or legal representative to submit information related to registration in the country of origin which may affect its registration in Pakistan.
It may be mentioned here that a product has to be protected under the GI laws of a country before applying for registration for the protection of any product’s GI tagging.
Earlier, there were no rules of the GI Registration and Protection Act 2020, enacted in March this year, which was why Pakistan’s basmati was not a protected product.
India’s claim to Basmati was challenged earlier this month, with Pakistan arguing that basmati rice was a product of both India and Pakistan.
