Patent for Tirupati Laddoo

To stop hawkers from selling fake Tirupati Laddoos, Tirumala Tirupati Devasthanams (TTD), a trust that manages the temple, plans to get a geographical indication (GI) tag. If patent is granted to Tirupati Laddoo by the Registrar of Geographical Indications as per the Geographical Indications of Goods (Registration and Protection) Act, 1999 then it could be the first Hindu Temple offering to be recognized as an intellectual property (IP).

C R Sukumar writes in Livemint.com

Hawkers in Tirupati have been selling fake laddus and after several futile attempts to curb this practice, including repeated raids by its security and vigilance wings, TTD finally decided to seek legal protection for its laddu. The GI Act imposes a penalty of Rs50,000 along with six months of imprisonment for people infringing a GI.

Claiming that its laddu is unique in quality and reputation, TTD submitted details to the GI registrar.

But already there are differences of opinion in granting geographical indication (GI) tag to a trust instead of a group of producers.

Latha Jishnu writes in Business Standard

But to assume that a GI tag is meant to create or protect market monopolies is wide of the mark. That the GI Registry has taken this application seriously is a matter of deep concern. Does geography have anything to do with the Tirupati laddoo? Unless the presiding deity has taken a hand in the making of this ubiquitous sweet, there is no way that this laddoo can justify a GI registration. And if the TTD’s arguments do pass muster, then other laddoo makers in Tirupati would by rights be allowed to make the laddoos, too.

Let me explain why the TTD cannot hope to keep the street vendors out of the business of making laddoos. A GI is an IPR that is related to the place of origin and protects products that have emanated from a certain region — this could be a province or town — and have characteristics that correspond to their specific location. Thus, champagne made in the Champagne region of France from locally grown varieties of grapes, and in a method perfected over decades, is a GI exclusive to that part of the country. Ditto for Scotch whiskey from Scotland, Darjeeling tea and Malabar pepper from India, etc.

A critical rationale for GIs is that they preserve cultural traditions by benefiting a community of producers. It is not as if one maker of champagne is protecting his private turf with the GI tag. There are dozens of companies and individuals distilling that special taste of Scotch.

Patent or no patent, Balaji devotees are going to eat and take home the huge Tirupati Laddoos as Prasad from Lord Venkateswara.

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Tirupati Laddu Facts



4 comments:

R.S. Praveen Raj said...

Interestingly, TTD states in their GI application (at page 42 of the GI journal No. 28), that “these laddus are offered as prasadam only to the devotees who visit Tirumala and offer worship to Lord Venkateswara here and not to any one else. Therefore to get ‘Tirupathi laddu’ one has to visit the abode of the Lord Venkateswara at Tirumala. The said laddus cannot be obtained by any other means in the world.”

Geographical Indication is a notice to the customer that the mentioned product (goods) comes from the specified geographical area. Therefore, the legislative intent of Geographical Indication of Goods (Registration and Protection) Act, 1999 is to ensure that the “producers” from the geographical region are benefited by the market sale of the product (goods) identified by the Geographical Indication, which also serves as a quality mark.

Of course, Tirupathi Laddu does not deserve a “goods” status, as it is not sold in the market. Hence it is not appropriate to register ‘Tirupathi laddu’ as a “goods” under Geographical Indication of Goods (Registration and Protection) Act, 1999. On the other hand, a GI tag on a temple prasadam is exemplary of commercialization of divine affairs.

R.S. Praveen Raj
Scientist - IP Management, NIIST (CSIR), Trivandrum
Former Examiner of Patents, Indian Patent Office

http://secularcitizen.net/

R.S. Praveen Raj said...

Mixing religion with IPR will have serious consequences. It is like playing with fire and petrol.

The Controller General and his team continue to make mistakes one after the other. In the beginning of this year, the Trademark Registry granted a 'Trademark on the picture of deity' in Attukal temple Thiruvananthapuram on a TM application by the temple trust. GI registry has made a similiar mistake this month by granting GI tag on Tirupati ladddu.

TRIPS forays into Religion and faith ........ and the Indians happily welcome this daemon dragging in to our Temples.

It's Incredible India.

praveenrajrs said...

Registry moved for removal of GI tag for ‘Tirupati Laddu' (News in Hindu Business Line

Vinson Kurian

Thiruvananthapuram, Oct 25

An application has been registered with the Geographical Indications (GI) Registry seeking removal of the entry pertaining to ‘Tirupati Laddu' GI.

The ‘rectification application' has been moved by Mr R.S. Praveen Raj, an IPR expert and a scientist, with the National Institute for Interdisciplinary Sciences and Technology (NIIST) here.

HIGH COURT ORDER

This follows a Madras High Court order directing a public interest writ petitioner to approach the Intellectual Property Appellate Board (IPAB) or the GI Registry for relief in the matter.

Mr Praveen Raj said he had earlier petitioned the IPAB seeking a ‘suo motu' action in the matter. However, the IPAB had replied in the negative saying it lacked ‘suo motu' powers.

He had also flagged concerns about applicability of public interest under Section 27 of Geographical Indication of Goods (Registration & Protection) Act, 1999, and Rule 65 of the Geographical Indication of Goods (Registration & Protection) Rules, 2002.

‘PERSON AGGRIEVED'

Absence of any response from IPAB in this regard was indicative of suggesting the petitioner to avail the advantage of ‘person aggrieved' or ‘person interested' to represent public interest, Mr Raj said.

Option to approach IPAB was being reserved for future, as its jurisdiction could be evoked, if required, in the form of appeal against the order of the Registrar.

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