IP Matters Brain League secures GI Tag for Mangoes Tirumala Laddu GI Certification in Supreme Court

The Banarasi saree, Puneri Pagadi and Darjeeling tea first. Recently, the Tirumala Laddu and now, Malihabadi Dussheri mangoes from Lucknow. Bangalore based IP consultants, Brain League, have successfully assisted the National Horticulture Board in procuring the GI Tag for the mangoes.

R.S. Praveen Raj, a scientist, has petitioned the Supreme Court, which is now treating his letter as a PIL against the grant of the GI Tag to the Tirumala Laddu. His case is that the grant is prejudicial to Article 25 of the Constitution.

After the Tirumala Laddu, Malihabadi Dussheri mangoes that are grown in the Lucknow region, is the latest to get geographical exclusivity rights. The Banarasi saree, Puneri Pagadi and Darjeeling tea are other products which have obtained a GI tag. Bijay Kumar, the Managing Director of National Horticulture Board (NHB), said, “this will secure exclusivity for the mango variety and enable the cultivators to sell their products under the Malihabadi brand that applied for a GI tag”.

Brain League IP Services, a Bangalore based IP service company, filed the application on behalf of NHB. The team at Brian League was headed by Chief Knowledge Officer and Co-Founder, Dr. Kalyan C. Kankanala, Vijay Kumar, a Senior Trademark Analyst and Vikram, a GI Team Associate.

In a separate matter, a PIL has been filed in the Supreme Court against the grant of the GI tag to the Tirumala Laddu. R.S. Praveen Raj, a scientist, who sent a letter petitioning the Apex Court, claims that grant of such status has caused prejudice to Article 25 of the Constitution and violation of Section 9(d), Section 11 and Section 9(a) of the GI Act. Praveen speaking to Bar & Bench said, “I have filed a letter petition and have not engaged any lawyer to represent his views in the matter. I am confident that Supreme Court will take up my petition.”

The argument drawn by Praveen is that since the Tirumala Laddu cannot be classified as an agricultural good, nor a natural good or a handicraft, leaving the option to schedule it only under industrial goods. But it is quite hard for devotees to believe that temple offerings are equivalent to manufactured goods or commercially significant commodities. Allowing GI registration of goods produced by private entities would defeat the spirit of GI protection, which is meant for protecting, preserving and promoting collective community rights as opposed to private monopoly rights.

A copy of his letter petition is available here.