If the GI status is granted to India’s basmati, it will tell a consumer in the EU that the basmati rice he is purchasing is genuine as it comes from specific regions in India. Only in India.

This development prompted Pakistan, a basmati rice exporter to Europe as well, to start cooking up its objection to India’s claim. On October 5, the country announced it will file its objection with the European Commission.

“As per available reports, basmati rice production in Pakistan’s Punjab is not sufficient to meet the country’s requirements. As a result, the basmati rice production has spilled over to other provinces like Balochistan and Sindh thus leading to the dilution of the exclusivity of the geographical territory. Thus, it may be difficult for Pakistan to prove that it has maintained the exclusivity of its regions cultivating basmati rice,” said Sonal Madan,a partner at Chadha and Chadha in New Delhi.

Madan added that while India passed its GI legislation in 1999 which came into effect in 2003, Pakistan passed its local GI bill only in March 2020 – 10 years after it was first submitted to parliament. Despite this, a registration system has not been effectively established in the country. This would have proven that Pakistan has built up a protection mechanism for its homegrown basmati.

For these reasons, Madan believes that Pakistan does not have very high chances of putting up a strong opposition against India’s application.

But for Sana Shaikh Fikree, senior associate at Vellani & Vellani in Karachi, Pakistan still has credible basis to oppose India’s application even in the absence of a local GI registry.

“Although Pakistan currently does not have a local GI registry, such registry is likely to be constituted under the newly-enacted Geographical Indications (Registration and Protection Act 2020) in the future,” said Fikree. 

She added that Pakistan is likely to cite credible evidence in the form of historical data showing export of basmati rice to EU from Pakistan, genetics seed profiling, laboratory analysis, research papers, articles and the like. These data will prove basmati is grown in Punjab, Pakistan as well, according to Fikree.

“Additionally, it will also be pertinent to note that the Commission Regulation (EC) No. 972/2006 of 29 June 2006 laying down special rules of import of basmati rice and a transitional control system for determining their origin recognizes Trading Corporation of Pakistan (Private) Limited as one of the authorities for the issuance of authenticity certificates as required under Article (2)(2)(b) of such regulations,” she added. “Pakistan is likely to rely on such regulations as they expressly recognize Pakistan as one of the countries growing basmati rice.”