Is 'sanctity' a GI attribute ? Can dishes be granted GI ?

Geographical Indication of Goods (Registration & Protection) Act, 1999 has been enacted to protect "goods" that originates from a particular place, where a given quality, reputation or particular characteristic of the goods is essentially attributable to its geographical origin and the legislative intent is to sustain the livelihoods of the producers (mostly communities) besides ensuring a mechanism to protect consumers from deception. ‘Goods' means any agricultural, natural or manufactured goods or any goods of handicraft or of industry, and includes food stuff. Food stuff is covered, but only if it is any of the following — agricultural goods, natural goods, manufactured goods, goods of handicraft or goods of industry.

Geographic Indication (GI) granted to 'Tirupati laddu', a temple offering has literally destroyed the spirit of the legislation. In a News Report, G. Muthukumaar, a GI specialist who helped TTD to obtain GI tag to 'Tirupati laddu' is quoted as saying that it was "the first religious commodity anywhere in the world to get a GI tag, and also the GI-protected product with the smallest area of production—the premises of the temple itself". Asked whether any restaurant would now be able to apply for a GI tag on its own minor variation of an otherwise common dish, Muthukumaar grants the analogy, but is quick to pinpoint the distinction. "The entire GI legislation revolves around the concept of uniqueness," he says. In the case of the laddu, that uniqueness "comes from its sanctity", because it is an offering made within the temple".

This is obviously the exploitation of religious sentiments of the folk for marketing faith. The GI granted to Tirupati laddu continues to be an inspiration for many other meaningless GI's. Hyderabad Haleem, a popular dish (meat stew) made predominantly during Ramzan has obtained GI registration. GI owners claim that the haleem makers outside Hyderabad will not be able to sell their product as Hyderabadi Haleem and the ones that are made within the city, will be subjected to strict quality standards. In fact, a large number of small restaurants in Hyderabad also makes Haleem during Ramzan without adhering  to the strict quality standards. Will they be prevented from preparing and selling Haleem?

In a report in Bar & Bench, Mr. Venkat Adhikari, Managing Director of 'Adhikari IP' , which piloted this GI registration said, "Since a GI tag was granted to Tirupati laddu, the Haleem Makers' Association of Hyderabad (HMAH) decided to pursue and secure a GI tag". He added, "We have also filed for a GI tag for the famous Hyderabadi Biryani. There is no biryani makers association like the HMAH and therefore the process of securing the GI tag is being delayed".

The taste of the Hyderabadi haleem does not change if the process of making the haleem is as per the prescribed norms, immaterial of where you cook. This cooking process can be initiated and completed in Bangalore, Chennai or New York. Taste is not going to change if we follow the same procedure. Now the public is under the impression that any dish is eligible for GI (say patentable as they understand from the media reports).


These days, anything named after a place is given a GI tag and that position is incorrect. GI Registration in India is more like the promotion spree of populism. Now the politicians from respective states would line for supporting their GI Claim for dishes named after some place from their state. Tomorrow, there may be many meaningless GI's like chicken chettinadu, Malabar chicken etc.. etc... If we allow this practice, the access to freshly prepared food will become a thing of the past. We will have to be satisfied with malabar chicken available in packets, when you order it in a restaurant. (Like Packaged drinking water, Cocacola, Pepsi etc..). How many of our restaurant owners would dare to fight a legal battle against powerful money mafia holding the GI certificate ? Suppose if they dare to do that, then our courts will be flooded with GI cases.

Ultimately the purpose of GI is not to create monopoly (monopoly held by a select group also is a monopoly). Above all GI is not meant to be a quality certificate like ISO. Also, any product with a GI tag is going to be costlier. In view of the above, it is imperative that GI granted to 'Tirupati laddu' and Hyderabadi Haleem' be revoked at the earliest.

I have already petitioned the Intellectual Property Appellate Board (IPAB) pleading a 'suo motu' action under section 27(4) of GI Act for revoking the Tirupati laddu GI.  Journal papers/articles authored by erudite IP Academics also have been submitted to substantiate that the Grant of GI to Tirupati laddu is against the spirit of GI Act, 1999