After
much delay hearing in the rectification plea against geographical indication
granted to “Tirupati Laddu” has been fixed on July 16. The petition has been pending with the
Registrar of Geographical Indication, Chennai for more than a year.
Mr
Praveen Raj, an IP enthusiast and former examiner of patent and designs at
India Patent office had moved the rectification plea to revoke the G.I. secured
by Tirumal Tirupati Devasthanam(TTD) over the famous Tirupati laddu in 2009.
TTD, the Trust which administers the famous Sri Venakateshwara temple in Andhra
Pradesh, obtained GI for their sacred
prasadam under the GI Act to prevent others from making and marketing
laddus under the same name. This was the first time anywhere in world a
religious shrine has obtained GI over its offering. The decision have been
criticised heavily on multiple ground from several corners.
The
rectification petition filed claims that the grant of GI for laddus is
violative of section 11(1) of the Geographical indication of Goods Act since
GI’s are supposed to be collective community rights and not of a single
beneficiary like TTD. The claims also consider it as violative of section 9 as the
use of such a mark is likely to deceive consumers and also is susceptible to hurt
religious feeling of communities in India. The petitioner also opposes grant
of “good” status to a temple offering as
allowing monopoly on goods produced by private entities would defeat the
purpose of GI protection.
It
would be interesting to look into the rectification proceedings and how Registrar’s offices address these
issues which lies in the core of GI protection.
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