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SECOND QUESTION:
The government of India reacted immediately after learning of the
Basmati patent issued to RiceTec Inc., stating that it would approach
the US patent office and urge them to re-examine the patent. Also, the
Council for scientific and industrial research (CSIR), Agriculture,
Biotechnology, All India Rice Exporters Association (AIREA),
APEDA, and Indian Council of Agricultural Research (ICAR) set to
begin an in-depth examination of the case.
Also, RiceTec has got a patent for only three things: growing rice
plants with certain characteristics identical to Basmati, the grain
produced by such plants, and the method of selecting the rice plant
based on a starch index (SI) test devised by RiceTec Inc." The
lawyers plan to challenge this patent on the basis that the above-
mentioned plant varieties and grains already exist and thus cannot be
patented. As basmati is not patented by geographic location even
within India, the country's international patent appeal appears weak.
And Finally, India won the case and RiceTec has to withdraw his 15
claims out of 20 but the main question which always comes out is that
whose basmati it is? So, we can evaluate government role as fair
enough for protecting the name basmati because government
immediately reacted against it, made a committee, and took help from
those who have already experienced same in case of turmeric and they
also prevented patent of basmati through APEDA under ministry of
commerce through re-examination and finally won the case based on
GEOGRAPHICAL INDICATIONS.