Zardalu Mango As Geographical Indication - A Comprehensive Study
Author: LawSphereX
Category: Intellectual Property
Published:
Updated:
ZARDALU MANGO AS GEOGRAPHICAL INDICATION: A
COMPREHENSIVE STUDY
Raushni Ranjan Pradhan, Hidayatullah National Law University
INTRODUCTION
A “geographical indication” (GI) is a symbol used on products that have a specified regional origin and have trade or reputations that are unique to that region. “A GI sign must identify a product as coming from a specific location to function properly. Geographical indications are geographical names (or terms linked with a place) used to identify the origin and quality, reputation, or other attributes of products ("Champagne", "Tequila", or "Roquefort")”. GI is a status which is granted to a product which is having special connection to a particular region or locality. According to “Section 2(g) of GI Act, 19991” the goods are segregated in four parts that are Agricultural for example (Basmati rice), Natural (Makrana marble), Handicraft (Madhubani paintings), Food stuff (Mangoes). The GI Act was commenced in India after the ratification of TRIPS agreement.
The “agreement” sets a minimum standard for the protection of goods which is registered as GI and it need to be followed by all WTO members. If we talk about India, it is very rich in culture all the states have different products with the speciality which have different character and quality and which qualifies to have GI. In this research paper I will discuss about zardalu or jardalu mango of Bhagalpur (Bihar) which got GI in 2018. The zardalu mango from Bhagalpur is the second most well-known item from Bihar, after "tussar silk". “A piece of zardalu mango typically weighs between 220 gm and 250 gm and has a distinct aroma and dazzling yellow tint. Zardalu mango is known for its unique aroma, sweetness, and nutritional value. It is a suitable fruit for those with diabetes or stomach issues.
” It contains fibre and enzymes, which are beneficial to the abdominal muscles and digestive system. 2 Every year the mango is sent to Prime Minister, President etc. as a token of respect. Since 2007, zardalu mangoes are sourced straight from orchards and packaged as safe gifts.
HISTORICAL
BACKGROUND
OF ZARDALU MANGO “Mangoes have been cultivated in South Asia for thousands of years and spread to Southeast
1 Section 2(g) of GI Act 1999.
2 https://ipindia.gov.in/gi.htm
Asia between the fifth and fourth centuries BCE. By the 10th century CE, cultivation had begun in East Africa, as reported by 14th-century Moroccan traveler Battuta in Mogadishu”. Mangoes are now grown in “frost-free tropical and warmer subtropical climates”, including Brazil, Bermuda, West Indies, and Mexico. “Maharaja Rahmat Ali Khan Bahadur” of Kharagpur introduced the zardalu mango to the Bhagalpur district. “Jardalu Aam Utpadak Sangh (Jardalu mango producers' union)” applied for the GI tag in Madhuban, Maheshi village, Sultanganj block, Bhagalpur district sometime between 1810- 1820. The Geographical Indications Journal published an article about Jardalu mango, a unique product from Bhagalpur, on November 28,
2017.3 “The journal is currently in the public domain under Rule 41(1) of the Geographical
Indications of Goods (Registration and Protection) Rules, 2002”. This mango type is distinguished by its light-yellow skin and unique fragrance. Indigenous people claim that because the mango is so light in weight (200 g - 250 g), it is easier to digest. It is high in antioxidants and contains vitamins A, B6, and C, as well as potassium, magnesium, and copper. This mango contains more fibre and less sugar, making it suitable for diabetics and people with high blood pressure. The community and the government are aggressively promoting and increasing production of this aromatic mango. Because the mango's skin is so thin, preservation and transportation are major concerns. As with many agricultural crops, the correct temperature is critical to maintaining the light-yellow colouring, flavour, and ripening period.
Unexpected rains, other than traditional mango showers (kalbaishakhi), can dramatically diminish mango size and weight. Storage facilities, processing units, and marketing will assist farmers increase their revenue year after year. There are certain authorities under GI Act who plays a pivotal role in granting the GI tag. They are as under follows; Registrar4 "Registrar refers to the Registrar of Geographical Indications mentioned in section
3. Section 3 of the Trade Marks Act, 1999 designates the Registrar of Geographical Indications
as the Controller-General of Patents, Designs, and Trade Marks appointed under subsection (1).” The Central Government may select officers with relevant designations to carry out the Registrar's authorised tasks under this Act. Registered Proprietor5 A registered proprietor of a geographical indicator refers to an association of individuals, producers, or organisations that are now registered as the
3 Ibid
4 Section 2(1)(o), The Geographical Indication of Goods (Registration and Protection) Act, 1999
5 Section 2(1) (n), The Geographical Indication of Goods (Registration and Protection) Act, 1999
proprietors. Authorised user The term "authorised user" refers to those who have registered a geographical indication under section 176. Section 17 discusses the application of registration as a registered user. “Geographical Indication7 Geographical indication refers to agricultural, natural, or manufactured goods that originate or are manufactured in a specific country, region, or locality. The quality, reputation, or other characteristic of the goods is primarily due to their geographical origin. The section explains that any name that refers to a specific geographic area and is used on or in relation to specific goods coming from that country, region, or locality is considered a geographical indication, even if it is not the name of the country itself.
” CONNECTION TO GEOGRAPHICAL ORIGIN Bihar has the third highest mango cultivation rate and accounts for almost 50% of the state's total fruit area. 8 The zardalu mango variety is abundantly produced in Bihar's Bhagalpur district on an area of 1600 acres and produces 7500 tonnes. Mangoes come in over 500 types, with many ripening in the summer and some producing twice as much. The fruit matures four to five months after blossoming. The size, shape, colour, sweetness, eating quality, and reproduction location of the ripe fruit vary per variety. The speciality of mango is that it is grown in organic farming and there is no use of pesticides. Bhagalpur is situated on the bank of Ganges River which provide fertile soil and enrich minerals. Due to river the soil gets moisture and production of agriculture is good.
The presence of alluvial soil improves the quality of zardalu mango and that the reason it differs with other varieties of mangoes. The soil is loamy in texture which provides better growth in tree and it is rich in nutrients and welldraining. The amalgamation of climate, presence of alluvial soil, Ganges River and traditional practice of farmer all of this make the production of zardalu mango better and it enhance the good taste and quality. Mango has been shown to grow in a variety of soils. However, deep, well-drained loam to sandy loam soils is most suited for agriculture. “Avoid heavy black cotton, saline, and alkaline soils. The ideal soil PH range for mango growth is 5. 5-7. 5. ” Mango fruits get mature in 3-4 months after flowering, processing from dark green to pale green. Harvesting
6 Section 2(1) (b), The Geographical Indication of Goods (Registration and Protection) Act, 1999.
7 Section 2(1) (e), The Geographical Indication of Goods (Registration and Protection) Act, 1999.
8 Supra note 3
shall begin after some fruits have dropped during the season of morning hours. Individual fruits are trimmed with a 1. 5 cm stalk using a mango harvester. “Harvested fruits are stored in gunny bags under shade. Healthy fruits are rated into 2-3 grades based on colour, shape, and size before being packed in wooden or corrugated boxes”. Undersized, bruised, or infested fruits are removed. “Mango flourishes up to 600 m above sea level with frost-free conditions and no high humidity or rain during flowering. The optimal temperature range is 240 C to 270 C, although it can endure temperatures as high as 480 C if the trees are regularly irrigated. ” Mango accounts for more than half of the entire area under fruits in India. The tree has medical and industrial applications, with practically all sections employed for diverse purposes. Ripping mango fruits are high in giving vitamins A and C.
They are dried at 50-55 ̊C after coating. Mangos are typically packed in wooden crates for long-distance transportation, or in bamboo and mulberry baskets. The above print was submitted by the applicant in the registration process for the examination purpose. The mango leaf, tree, and steam to determine what is the difference from any other mangoes.
As the above map indicates that the top three producers of mango is Andhra Pradesh, Uttar Pradesh, and Bihar. Major production of mangoes is done by these three states. It mandates for all these three states to maintain the quality measures. “Division: Magnoliophyta Class: Magnoliopsida Subclass: Rosidae Order: Sapindales factors unique to that territory. The geographical indication should specify the kind of commodities it applies to. Include a geographical map of the country, area, or locale where the items are manufactured. Particulars on how the geographical signals appear, such as whether they are made up of words, figurative elements, or both, must be provided. Applicant need to provide a statement with the applicant's name, address, and any other requested information.
To register a geographical indication, fill out the necessary form, sign it by the applicant or their agent, and submit three copies of the Statement of Case. 10 “Section 84(1) allows for a single application to register a geographical indication for a single class of goods from a convention country, as well as a single application to register geographical indications for multiple classes of goods and shall be made in form GI -1. 11” Applications must be filed with the Geographical Indications Registry in the country's territory, area, or location where the geographical indication is located. If the territory, region, or locality is not in India, the application should be filed with the Geographical Indications Registry office that covers the area where the address for services in India is located.
Every application to register a geographical indicator for commodities must meet the following requirements: The geographical indicator must be stated precisely enough to determine the entitlement to redress in the case of an infringement. The graphical representation must accurately represent the geographical indication without requiring supporting samples. It should also be understandable to those inspecting the Register or reading the Geographical Indications Journals. A threedimensional geographical indicator registration application will not be treated as such unless expressly stated in the application for registration. “Rule 13 governs the signing of documents.
An application for the registration of a geographical indication purporting to be filed by an association of persons or producers shall be signed by the authorised signatory thereof to sign such documents, and a document purporting to be signed by a body corporate or any organisation or any authority established by or under any law for the time being in force shall be signed by the Chief Executive, Managing Director, secretary, or other principal officer. ” A document purporting to be signed by a partnership must be signed by at least one partner. The Central Government may impose fees and surcharges for applications, registrations, and other matters under this Act. If a fee is required for the Registrar to perform an act, the money must be paid before the act can be completed.
If there is a fee for submitting a document to the Geographical Indications Registry, it is not considered complete until paid. 12 The First
10 Rule 23, The Geographical Indications of Goods (Registration and Protection) Rules, 2002.
11 Section 84(1) of The Geographical Indication of Goods (Registration and Protection) Act, 1999.
12 Section 80 of the Geographical Indication of Goods (Registration and Protection) Act, 1999.
Schedule prescribed the fees to be paid for “applications, oppositions, registration, renewal”, or any other item governed by the Act or its rules. Where a fee is required to be paid under the regulations, the form, application, or petition request must include the prescribed fee. EXAMINATION The Registrar will review each application as stipulated. The Registrar has the authority to reject, accept, or modify the application in accordance with the Act's provisions. The Registrar shall provide written reasons for rejections or conditional acceptances of applications, including the materials used to support the decision. Upon receipt, the Registrar will review each application to ensure it meets the requirements of the Act and Rules. The chairperson will convene a Consultative Group of up to seven representatives from organisations, authorities, or persons competent in the law or sector.
The Registrar will then send the applicant an Examination Report on their application. 13 Rule 34 of the Geographical Indications of Goods (Registration and Protection) Rules, 2002 states that the Registrar may accept an application subject to reasonable conditions, amendments, modifications, or limitations based on the application's merits and evidence of use, quality, reputation, or other characteristics of the goods. The Registrar must express any objections or proposals in writing to the applicant. AMENDMENT OF APPLICATION The “Registrar” may correct or amend an application for registration under section 11 at any time, subject to suitable conditions.
Before registering a geographical indication, an applicant can use Form GI-5 and pay the prescribed fee to correct errors or amend their application, if the proposed amendment does not involve changing the geographical indication or the description. 14 ADVERTISEMENT IN GI JOURNAL AND OPPOSITION After accepting an application for registration of a geographical indication, the Registrar must advertise the application and any conditions or limitations in the prescribed manner. If an application has been corrected or amended under section 15, the Registrar can either readvertise it or notify the correction in the prescribed manner. 15 Section 14 of the Geographical
13 Rule 33, The Geographical Indications of Goods (Registration and Protection) Rules, 2002.
14 Rule 36, The Geographical Indications of Goods (Registration and Protection) Rules, 2002.
15 Section 13, The Geographical Indication of Goods (Registration and Protection) Act, 1999.
Indication of Goods (Registration and Protection) Act, 1999 addresses opposition to registration. Opposition to registration can be given in writing to the Registrar within three months of the advertisement or readvertisement date, or within a further period of up to one month upon application and payment of the prescribed fee. 16 The registrar will send a copy of the notice of opposition to the applicant for registration. Within two months, the applicant must submit a counter-statement of the grounds supporting their application or it will be considered abandoned. If the applicant submits a counterstatement, the Registrar must provide a copy to the person filing notice of opposition. “Rule 42 depicts the verification of a notice of opposition. The notification of opposition must be verified by the opponent.
The verification must reference the numbered paragraphs of the notice of objection, indicating what is confirmed from personal knowledge and what is based on reliable information. The verification must be signed by the person who created it and include the date and location. ”17 REGISTRATION Section 16 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, coupled with Rule 53, Rule 55, Form - O2, and GI - 7 of the Geographical Indications of Goods (Registration and Protection) Rules, 2002, govern registration. When an application for registration of a geographical indication is accepted, the Registrar must register it and its authorised users unless otherwise directed by the Central Government.
This applies if the application has not been opposed and the notice of opposition period has expired, or if the opposition has been resolved in favour of the applicant. 18 The Registrar will attach a copy of the application to authorised user to the Form-O2 registration of certificate, with any necessary amendments based on the circumstances of the case. WHO IS PROPRIETOR AND THE CHARACTERSTICS?
“The application for geographical indication must be made by an association of persons or producers or any organization or authority established by or under any law for time being in force representing the interest of the producers of the concerned goods as per section 11”. The
16 Section 14 of The Geographical Indication of Goods (Registration and Protection) Act, 1999
17 Rule 42, The Geographical Indications of Goods (Registration and Protection) Rules, 2002
18 Section 16 of the Geographical Indication of Goods (Registration and Protection) Act, 1999.
GI tag of zardalu mango was granted on 28 March,2018. The registered proprietor of mango is “ Jardalu Aam Utpadak Sangh” Madhuban, Maheshi village, Sultanganj block, Bhagalpur district, Bihar. The two questions arises ; a. How does Bihar Agricultural University qualify as an applicant as per section 11? b. How does Zardalu Mango qualify as geographical indications as per section 2(e)? The GI application is presented by Bihar Agricultural University to protect the interests of mango cultivators in Bhagalpur district and surrounding regions engaged in the cultivation of Zardalu mango. Bihar Agricultural University and Bihar Horticultural Society collaborated to organise a meeting for innovative mango growers involved in Zardalu farming. Currently no institutional organisation exists for mango growers.
Bihar Agricultural University has a good collection of zardalu mango plants in its orchard which is used as mother plant to provide true to type planting material to the growers. The geographic area of Zardalu Mango falls within Agro- Climatic Zone IIIA of Bihar, under the jurisdiction of “Bihar Agricultural University”. Bihar Agricultural University created under the Act of 2010 with the collaboration of Mango Growers Federation and Bihar Hoticultural Society to preserve the regions premier mango types. On the behalf of the University the application has been signed by the Director Research, Bihar Agricultural University. The specific character have been described in details including quality parameter in the section description of goods in the application. All the details of the product is mentioned in application.
The quality standards are maintained by the cultivation method that has been provided in application. Mango is commercially propagated vegetatively and the institution generates a huge number of grafted zardalu plants that are sent to farmers to ensure genetic integrity. The plea provides documentary evidence from four books demonstrating that zardalu mango cultivation has been ongoing in bhagalpur and surrounding areas for a long period. Mango is a perennial crop, the application specifies the date and period for harvesting fruits including maturity and post-harvest treatment. Pesticides and insecticides are used in accordance with the standard recommended techniques for mango cultivators which may vary over time. The biochemical properties of zardalu mango was expressly given in application.
The application includes a section describing the distinctiveness of the GI product “Zardalu Mango”. India has around 1000 unique mango cultivators that differ from one another. The university in collaboration with department of horticulture govt of bihar is giving authentic planting materials for Zardalu mangoes to farmers. The area under Zardalu mango cultivation and the number of farmers involved are expected to grow significantly in the future. The map of the territory demarcating the geographical area of production of zardalu mango is attached in application. “Mr. BK Vimal, Assistant Professor and junior scientist ( Cartography) at Bihar Agricultural University’s Department of soil science and agricultural chemistry produced the map”. The map displays the longitude and latitude of the product.
The proposed internal watchdog mechanism aims to maintain quality and govern the use of GI in the original application. The committee was formed by the state government to measures the quality measures of GI product which has been granted. The insepction will be conducted by the “Department of Horticulture, Bihar Agricultural University of bihar”. A proposal for an independent netural agency will be established soon to maintain the GI awarded zardalu mango. There are 91 authorised user of the product who sales the mango and it is sole responsibility of proprietor to check the quality control. Time to time the quality of the product is checked whether the product is maintaing the minimum standard.
To become an appropriate user of a product which has geographical indication registered under “section 16”, the manufacturer of the products must submit a written application to the Registrar in the prescribed format. The application must include a statement, any required papers, and any necessary fees. To register a geographical indication or as an authorised user, products must be classed as provided in the Fourth Schedule. TRADE INFLUENCE OF PRODUCT The mango has been contiously exported to countries like UK, UAE and other middle eastern nations that have enhanced the global presence all over the world. The product is now sold through e- commerce platforms attracting large number of consumers. Increased urbanisation and income provide significant opportunities for marketing fruit-based products.
Urban organised platforms, such as department stores, malls, and supermarkets, might be appealing for selling well-packaged and branded Jardalu mango fruit items. Consumption of fruit-based goods has rapidly increased. “The most widely utilised items in the global market are processed mango products. Products include dried mango, puree, pulp, leather, concentrate, and IQF mango”. The processed mango product market is growing due to rising demand for diverse and sweet mango products, as well as increased awareness of their nutritional value. The processed mango products industry is limited by seasonal supply, fluctuating prices, and strict global food processing laws. Increased global demand for organic mango products has the potential to boost export value, particularly in the US and Europe.
Increased urbanisation and income provide significant opportunities for marketing fruit-based products. Urban organised platforms, such as department stores, malls, and supermarkets, might appealing for selling well-packaged and branded Jardalu mango fruit items. RENEWAL OF REGISTRATION AND RESTORATION Geographical indications are registered for 10 years and can be renewed periodically. An approved user's registration is valid for ten years or until the geographical indication registration expires, whichever is earlier. The Registrar will renew the registration of a geographical indication or authorised user for a ten-year period upon receipt of an application in the prescribed manner, within the prescribed period, and payment of the prescribed fee.
The Registrar will not remove a geographical indication or authorised user from the register if an application is made in the prescribed form and the fee and surcharge are paid within six months of the last registration expiration. The registration will be renewed for a ten-year period. “If a geographical indication or authorised user is removed from the register due to nonpayment of the prescribed fee, the Registrar may reinstate them after six months and within one year of the last registration, upon receipt of an application in the prescribed form and payment of the prescribed fee. ”19 To renew the registration of a geographical indication or authorised user, fill out Form GI-4 or Form GI-3 and submit it no later than six months before the expiration date of the previous registration.
To renew a registered geographical indicator, the owner or authorised user must file the application, unless otherwise specified.
CONCLUSION
The granting of GI to zardalu mango plays a pivotal role in safeguarding the unique identity of the products and ensuring economic benefits to local farmers. The granting of GI to zardalu mango enhances the market values of the product and also it protects from unauthorised use and maintaing the reputation. As GI is granted to the product because it is connected to place of origin and there are several natural factor that makes the product more popular. The protection of GI fosters development in rural areas encouraging aqricultural practices. If once the product is granted GI the major concerns is to maintain the quality control of the product if its detoritates then what is the use of granting GI. The government of Bihar has taken initiatives to make a board committes who will look that all the GI granted products are being maintained
19 Section 18, The Geographical Indication of Goods (Registration and Protection) Act, 1999.
and have quality control and check time to time authorised user whether they are maintaing the product or not.
REFERENCES
The Geographical Indication of Goods (Registration and Protection) Act, 1999. • The Geographical Indications of Goods (Registration and Protection) Rules, 2002 • Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1994. • https://ipindia.gov.in/gi.htm