BASMATI RICE PATENT BATTLE

LAW PRESENTATION
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Intellectual Property
Intellectual property (IP) is a legal
concept which refers to creations of
mind for which exclusive rights are
recognized.

Patent
A patent describes an invention for
which the inventor claims the
exclusive right.
12/22/2021
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CASE NUMBER: 493

CASE MNEMONIC: Basmati

CASE NAME: India-US Basmati Rice Dispute

Patent number: US5663484 A

Publication type: Grant

Application number: US 08/272,353

Filling date: 8th July, 1994

Publication date: 2nd September,1997

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Knowledge About Basmati
• Queen of fragrance
• Grown in the foothills of the Himalayas
• Perfumy, nut-like flavour and aroma
• Costliest rice
• India is the second largest producer of rice after China
• Attracted the highest premium
 Facts of the Incident

Ricetec Company, the United States

Vs.

The Indian sub-continent

 Issues raised
Whether the name ‘basmati’ is a ‘generic’ term or specifically
originates from the aromatic rice grown in India and various South-
Asian countries?

Whether the grain developed by Ricetec Inc. is a novel variety and

strain?

Is Ricetec Inc. guilty of bio-piracy and violation of traditional

knowledge belonging to indigenous communities of Southern-Asian
countries?

Whether the patent granted to Ricetec must be revoked due to

protests by various NGOs and Indigenous Communities?

Whether USPTO’s decision to grant patent to Basmati Rice violates

TRIPs Agreement?
 Advantages and Disadvantages of Patent to RiceTech Inc.

Advantages Disadvantages
 RiceTech was able to not only call its aromatic rice Basmati within  Economic loses.
the US, but also label it Basmati for its exports.  Global trade losses.
 Captures the whole US trade market.  Both countries lose their global market share.
 Exclusive use of the term "basmati".
 Monopoly on breeding 22 farmer-bred Pakistani basmati varieties
with any other varieties in the Western Hemisphere.
 Proprietary rights on the seeds and grains-crosses.

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Government of India’s response to patent

Government of India under severe pressure from

its exporters and farmers logged an appeal with
USPTO. They submitted the evidence to USPTO.

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Judgement
In 1997 when American company RiceTec Inc. was
granted a patent by US patent office to call the
aromatic rice growth outside India is, "Basmati".
India objected to it.

Basmati rice is traditionally grown in India and

Pakistan.

The use of GI may act as certification that the

product possesses certain qualities or enjoys a
certain reputation, due to its geographical origin
 Conclusion
• RiceTech Inc. took back 15 claims out of 20.

• They also took back its claim on the name “Basmati”

• So we can conclude that Basmati name cannot be patented because it is a name given to long rice
having good fragrance grown in northern part of India for thousands of years.

• Hence Basmati Name is not patented

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Presented by
568 – Sejal Pandey
584 – Ashwini Phadke
601 – Dirgha Shertukde
611 – Anshika Singh
624 – Shabduli Bhoir
641 – Shakshi Mishra