‘collective community rights’ or ‘private monopoly rights’ ? - GI tag on ‘Tirupathi Laddu’ oppugns the legislative intent of the statute
‘collective community rights’ or ‘private monopoly rights’ ? - GI tag on ‘Tirupathi Laddu’ oppugns the legislative intent of the statuteAuthor: R.S. Praveen RajTirumala Tirupati Devasthanam (TTD), the trust that administers the famous Lord Venkateswara Temple in Andhra Pradesh has received a Geographical Indication for ‘Tirupathi laddu’, a sacred food (prasadam) offered to the devotees, thus triggering debates as to the very purpose of legislating Geographical Indication of Goods (Registration and Protection) Act, 1999 The statement of case filed by Tirumala Tirupati Devasthanam (TTD), along with the GI application which was published in the Geographical Indication Journal No 28 at page 38 presents TTD as the sole producer of 'Tirupathi Laddu' and the sole beneficiary of its sales. While the laddus are made by workers of the temple and hired labourers, there is no mention of any other beneficiary in the application except TTD. Further, TTD states in its application that ‘The laddu gets its reputation not from its taste alone but from its sanctity as well’, since they are first offered as naivedyam to the Lord” (at page 64 of GI journal). This statement attracts the provisions in section 9(a) and section 9(d) of the Geographical Indication of Goods (Registration and Protection) Act, 1999 and seriously prejudices article 25 of the Indian Constitution.
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Tirex comment`s:
At one site I have seen almost the same note, never mind
14.05.2010
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