16 years on, GI draft law not final
ISLAMABAD: With a delay of over 16 years, the Ministry of Commerce has yet to table a proposed Geographical Indication (GI) law in the National Assembly that aims to protect the ownership rights of goods specifically produced in Pakistan.
A well-placed source in the Ministry of Commerce told Dawn the law was already drafted in consultation with all stakeholders, but was placed on the back burner.
In February, the then secretary commerce Azmat Ranjha told the National Assembly Standing Committee on Commerce that the law would be tabled in the assembly “in the next couple of weeks”.
The Ministry of Commerce has been working on the GI law since 2000. The draft has been vetted many times by the authorities concerned, but no action has been taken so far.
According to the draft law seen by Dawn, the term of registration of an authorised user of a geographical indication will be for a period of 10 years from the date of filing of application for registration. This exclusive right over the use of GI will be extendable for another 10 years.
GI is an intellectual property right (IPR) which gives the right to a person over the creation of their minds for a certain period of time.
Member countries of the World Trade Organisation (WTO) need to give protection to GIs under Article 22-24 of the Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement. Unless Pakistan provides GI protection, it cannot obtain the same for its own goods in other countries that have the GI law.
The GI law covers a wide variety of products that include industrial, agricultural, horticultural and others. In the absence of the GI law, Pakistan may lose ownership rights of the hybrid variety of super basmati rice.
In Pakistan, the GI law can protect products like apricot, Charsadda chappal, Multani halwa, Hala’s ajrak, Sargodha’s kinno, Kasuri methi, Sindhri mango, Dir’s knives, Swat’s wild mushrooms, Nili-Ravi buffalo, Chaman’s grapes, dates from Dera Ismail Khan, Turbat and Khairpur, Pashmina shawls, etc.
The custodian of all of Pakistan GI and national heritage will be the federation of Pakistan through the Ministry of Commerce.
An official said that the purpose of the law was to ensure that no foreign country can exploit its indigenous production.
The promulgation of the proposed law will also ensure that the state is responsible for protecting and enforcing these laws.
Published in Dawn, June 20th, 2017