Get ready to eat Patented Biryani; It’s ‘Incredible India’

Be prepared to hold your excitement next time you walk in to your favourite restaurant to order a "Hyderabadi Biryani". It's quite likely that the waiter may ask you a question "Sir/Madam, Would you like to have the patented biryani or generic biryani". Hopefully, you may not get stunned as you are familiar with "patented drugs" and “generic drugs”. I came to know from a journalist friend that some  Biryani Maker Association from Hyderabad is about to apply for GI registration for "Hyderabadi Biryani", taking inspiration from Mr. V Natarajan, then Assistant registrar of GI (Chennai), who told in June 2008 that "Somebody should also file a GI for Hyderabadi biryani and pearls" . It will be a cake walk for the Biryani Maker Association if the present assistant registrar Mr. G.L. Verma also has the same opinion in this respect.  I will have no surprise if some BIRYANI also is granted IPR in country, which allowed patenting of deity and Temple Offering (Tiruppathi Laddu).

However, as a Scientist working in the area of Intellectual Property Rights, it's my moral responsibility too to have a look at the provisions of Geographical Indication of Goods (Registration and Protection) Act, 1999 that reflects in its statute title itself that it is meant for the registration of GOODS only.

1) What is meant by "Goods" in GI Act as per Section 2(1)(f) under Definitions and Interpretations ?

"goods" means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff.

No doubt that "Food stuff" also will be covered by the definition of "GOODS"; but only if such Food stuff is any of the following

a) Agricultural Goods

b) Natural Goods

c) Manufactured Goods

d) Any Goods of Handicraft

e) Any Goods of Industry

To the best of my understanding, HYDERABADI BIRYANI cannot be considered as a manufactured goods, or a product of Handicraft (or Industry). This is also true in the case of "TIRUPPATHI LADDU"

2) What is meant by "Geographical Indication" GI Act as per Section 2(1)(e) under Definitions and Interpretations ?

"geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

Now the questions which arise are

a) Whether the quality, reputation or other characteristic of HYDERABADI BIRYANI is essentially attributable to HYDERABAD, such that the common man prefers to eat HYDERABAD BIRYANI manufactured in HYDERABAD alone", whenever He/She is Offered to buy it.

You may compare the case of "KANCHIPURAM SILK" with that of "Hyderabadi Biryani"

b) Is it that the given quality, reputation etc. of HYDERABADI BIRYANI would be served, only if it is originating, or manufactured from HYDERABAD. Will the consumer feel cheated after eating HYDERABADI BIRYANI, if he comes to know later that it was not "MANUFACTURED" in HYDERABAD ?

You may compare the case of "Nagpur Orange" with that of "Hyderabadi Biryani"

c) Can anybody show a factory or industrial production site, where HYDERABADI BIRIYANI is manufactured as one of the activities of either the production or of processing or preparation of this "goods"

That is why GI on "Darjiling Tea" is correct, but a GI on "Tiruppathi laddu" and GI on "Hyderabadi Biryani" are wrong

3) These people are aiming at "MONOPOLY" (Very dangerous for this Country)

Section 21 (1) of GI Act says

Rights conferred by registration.-(1) Subject to the other provisions of this Act, the registration of a geographical indication shall, if valid, give,

(a) to the registered proprietor of the geographical indication and the authorised user or users thereof the right to obtain relief in respect of infringement of the geographical indication in the manner provided by this Act;

(b) to the authorised user thereof the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered.

THIS IS INCREDIBLE INDIA