CASE STUDY ANALYSIS

 SUMMARY:

In September 1997, a food technology company “Rice Tec”, based in Texas, United States
was granted a patent to call an aromatic rice variety developed in USA as “Basmati”. Since
only invention can be patented , India challenged the case that Basmati is a unique aromatic
rice grown in Northern India and Pakistan .
Consequently, Rice Tec had to drop 15 of the 20 claims and out of remaining claims , Rice
Tec managed to get patent for three new varieties of rice from USPTO.
According to WTO geographical indication like Basmati can be legally protected and thus
their misuse can be protected.

 ANSWER TO THE QUESTIONS:

1. None of the following , i.e., turmeric , neem and basmati can be patented as
only inventions can be patented . Products that have specific geographical
origin and has brand value due to such origin is given a sign called
geographical indication (GI). So if a particular product is grown in a particular
area from ages then it can be given a sign called GI which protect a product
legally an prevent misuse.
Since in the given case Basmati is grown in Northern India from ages so suc
name basmati cannot be patented.

2. It took three years to Government of India to challenge the case against Rice
Tec and file an appeal. Steps taken were not timely but however it was
appreciable as USPTO accepted India’s basic position. Geographical
Indication of Goods Bill was introduced in Indian parliament in 1999 which
came into force in September 2003 and thus became “Geographical
Indications of Goods (Registration and Protection) Act, 1999” which shows
careless nature of government of India.
Role played by Government of India was fair enough as ultimately it was able
to protect Basmati.

 CONCLUSION:
In the given case it can be concluded that India won the case against Rice Tec as
protected basmati. Consequently Rice Tec had to drop most of the cases . Steps taken
by government of India was fruitful and later “Geographical Indications of
Goods (Registration and Protection) Act, 1999” was enacted in Indian parliament as it
is a member country of WTO.