IPR Newsletter – Odisha’s latest GI Tag: ‘The Red Ant Chutney’ : Feb 2024

Introduction

The Succulent Seafood, rich cultural heritage and enchanting beaches are just of the few attractions the beautiful State of Odisha offers to the masses. Amidst the Innumerable visor attractions, there are several culinary treasures and one of the same is the ‘Similipal Kai Chutney’ famously known as the ‘Red Ant Chutney’ which recently acquired its ‘Geographical Indication’ (Hereinafter mentioned as GI Tag) on the 2nd of January 2024, due to its array of healing properties and health benefits discovered over the years. 

A famous dish acquiring a GI tag not only authenticates the same as a popular dish of the region but also brings the indigenous dish on the map, increasing its demand in the global market hence helping the local economy through tourism and sale. With its numerous GI Tags, Odisha has truly become a hub of regional specialities by showcasing its uniqueness in the field of Handicrafts and food products. The following article will deep dive into the recently acquired GI tag by the state of Odisha, a critical analysis of what a Geographical Indication is and the features of the same.

What is a GI Tag? 

A Geographical Indication can be simply defined as a sign which is used on specific products to showcase their reputation, characteristics, and qualities due to their geographical origin. It provides a clear association between the primary place of production and the product itself. 

It is usually acquired for Food items, Handicrafts, Industrial products, Wine and Drinks, Agriculture Products etc. which are locally produced by the indigenous, rural, and marginal communities and have garnered global reputation due its distinctiveness.

Usually, a GI includes the name of the place of origin such as Mysore Silk, Darjeeling tea etc., but it may not necessarily include the same as it can even include an adjective or a noun that describes or indicates the place of origin. 

It is very important to understand that a Geographical Indication is not personal property, and it belongs to all the producers of that particular good hence is not a private monopoly. Several countries’ laws disallow the assignment and transmission of GIs, especially India through Section 24 of ‘The Geographical Indications of Goods (Registration and Protection) Act, 1999’.

Methods of protection

In terms of legality, GI Tags are governed by a plethora of national statutes encompassing consumer safeguarding regulations, competition law or specific statutes dedicated to the safeguarding of geographical indications or appellations of origin. Contrasting approaches to GI protection are evident in different jurisdictions. The United States integrates GI protection within its trademark jurisprudence, whereas the European Union employs a dualistic approach, utilizing both the trademark framework and an autonomous system for GI safeguarding. In the context of 

India, dedicated legislation exists for the protection of GIs (The Geographical Indications of Goods (Registration and Protection) Act, 1999), though historically, these were shielded under trademark law.

The World Trade Organization endorses the application of GIs amongst its member states to shield products possessing unique characteristics intrinsic to specific geographical locales, thereby mitigating competition from analogous commodities. An imperative provision under Article 22.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligates each member state to institute legal mechanisms to avert deceptive employment of GIs.

Advantages of registration

Even though the registration of a GI is not necessary, the same comes along with several benefits such as:

• Increased Demand and Economic Growth: Due to official recognition, there is an increased media coverage hence a clear boost in sales. This gives way to an economic boost, adds to the prosperity of the region and increases the standards of living of the individuals involved in the production process
• Exclusive Rights and Legal Protection: The registered tag protects against infringement and avoids unauthorized use by any external party. Due to exclusivity, the product can garner its own goodwill and can have control over any party tarnishing the quality of the product.

When is it not registerable: 

A Geographical Indication is not registerable in the case:

• The tag contains matter that is likely to hurt a certain class, religion, or any particular section of society in the country.
• The tag will be the reason for confusion within the masses or is likely to deceive the public and lead them to think otherwise.
• The tag would be in contradiction to any law in force and hence violate the same.
• The tag is seen to be obscene in nature or promotes and contains anything scandalous hence is not appreciated and is looked down on by the public.
• The tag is determined to be generic names or indications of goods.
• The tag which cannot accrue protection in court.
• The tag which falsely represents itself to a person that it belongs to a certain region or territory even though it is literally true to the same.

When is deemed to be infringement:  

A GI is said to be infringed in the case of: 

• Passing off: This action can be defined as when a person deliberately or unintentionally passes off their goods or services as those belonging to another party. 
• Unauthorized use by another party & false representation: In case a party which is not granted authorization for usage, uses the same to mislead the public by suggesting that it belongs to a certain origin which is not the primary place of origin.

The Red Ant Chutney

Historically, indigenous populations in the Mayurbhanj district of Odisha have integrated the consumption of red weaver ants into their diet for nutritional augmentation, utilizing these ants in a variety of culinary preparations. 

In the year 2020, The ‘Mayurbhanj Kai Society Ltd’ undertook the formal process of securing a Geographical Indication (GI) tag for the Similipal Kai chutney under Class 30 under Section 13(1) of the aforementioned Act. This chutney is crafted from an amalgamation of spices and the red weaver ants, colloquially referred to as ‘kai pimpudi,’ which are an endemic species to the forests of Mayurbhanj district and are available throughout the year.

The Similipal Kai chutney has garnered recognition for its substantial nutritional and medicinal attributes. An investigative study conducted by scientists from the Odisha University of Agriculture & Technology, Bhubaneswar, revealed that the red weaver ants are replete with a spectrum of nutrients including proteins, calcium, vitamin B-12, iron, magnesium, zinc, potassium, sodium, and copper.

Therefore, the aforementioned GI Tag recognizes the product’s unique taste, texture and the nutritional security it provides, especially for the Tribal community.

Conclusion

Several countries like India are known for their diversity and rich heritage, which has given birth to myriad unique and original products that deserve the protection and recognition a GI tag provides. The recent GI tag acquired by the Red Ant Chutney stands as a testament to the same.

In the absence of adequate legal safeguards, there exists the possibility for products to be erroneously represented as originating from a specific region, thereby deceiving consumers into purchasing items under the pretence that they possess certain distinctive qualities and attributes when in reality, they are procuring an inferior imitation. Such misrepresentations inflict harm upon legitimate producers by diverting valuable commercial opportunities from them, thereby jeopardizing the established reputation and the associated goodwill of their businesses. Without protection, a GI is susceptible to becoming ‘genericized,’ a situation wherein a GI is erroneously associated with a broad category of goods or becomes synonymous with a particular type of product. This colloquial misapplication of a GI in the commercial sphere can erode or nullify the rights associated with it. The commonplace, indiscriminate use of a GI poses a substantial threat to the effective protection and enforcement of these rights, potentially culminating in ‘genericide’—the phenomenon where a GI loses its distinctive reference to a particular place and becomes a general term for a type of product.