Indian Food & IP -The battle over GI’s and Culinary Trademarks

 

Indian Food & IP -The battle over GI’s and Culinary Trademarks

Author: Nupoor Chakravarti, a student at K.G.Shah Law School, Mumbai. 

Assorted Indian Recipes

Indian culinary traditions are a treasure trove of flavors, textures, and techniques, but what happens when these delectable creations become a matter of intellectual property? In the world of gastronomy, the battle over geographical indications (GIs) and culinary trademarks is heating up. Let’s delve into this flavorful legal arena and explore how Indian food is staking its claim.

GIs are like culinary passports, certifying that a product hails from a specific geographical origin and possesses unique qualities or reputation attributable to that place. Think Darjeeling tea, Basmati rice, and Malihabadi Dusseheri mangoes – all proudly protected as GIs. India even made headlines with a GI request for Basmati rice, leading to ongoing negotiations, which might require cooperation from neighboring countries.

Beyond individual dishes, GIs extend their protective wings over food preparations like Tirupathi Laddu, Bikaneri Bhujia, Goan Feni, and Hyderabadi Haleem. While GIs favor communities over individual chefs, they offer local businesses a competitive edge, much like how Champagne must originate from the Champagne region.

Consider Chef Madan Jaiswal’s Dal Bukhara, a celebrity magnet at Delhi’s Bukhara restaurant. Or Chef Machindra Kasture’s Dal Raisina, a staple at the Indian president’s residence. These dishes are more than recipes; they’re trademarks. Trademark registration isn’t just for dishes but also for celebrity chefs’ names, guarding against culinary copycats.

However, building a brand around a name carries risks. Take the case of Bukhara restaurant in the United States, which faced copycat ventures. The New York Court of Appeals set a precedent by protecting business goodwill, whether domestic or foreign.

Trade Dress: Protecting the Culinary Ambience

Trademarks aren’t limited to names; they extend to food product packaging and even entire restaurant layouts. Yet, these non-traditional marks must meet a high threshold for distinctiveness. Plated food, kitchen layouts, restaurant ambiance – all can be protected if they distinctly identify the source, like Magnolia bakery’s signature cupcake swirl.

“

Food is a representation of our roots, and in India, our roots are as diverse as the country itself. Geographical indicators protect the soul of our cuisine.

-Ritu Dalmia

”

Patents: Crafting Culinary Inventions 

The Indian Patent Act of 1970 underwent a crucial change in 2005, offering product patent protection for food, pharma, and chemical inventions. However, not every recipe can secure a patent. To qualify, it must be useful, novel, and non-obvious. Mere mixtures of ingredients won’t cut it; true innovation is the key.

Conclusion: A Culinary Intellectual Renaissance 

While India’s culinary world might have been slow to embrace intellectual property protection, times are changing. Awareness about IP protection is spreading across the culinary landscape. Signature dishes, iconic creations, and the power they hold over our palates are becoming valuable assets. The future of Indian food promises an intellectual renaissance, where innovation and tradition coexist harmoniously, all while preserving the rich culinary heritage of the nation.

 In a world where recipes and flavors are as diverse as the nation itself, the battle over culinary intellectual property is just beginning. It’s a journey that will shape the way we savor and celebrate Indian cuisine for generations to come.

 

Some famous products with GI tags