Strengthening
International Research on Geographical Indications: from research foundation to
consistent policy
SINER-GI
FP6-2003-SSP-3 – 006522
WP5 Case studies
BASMATI
RICE IN PAKISTAN
Report Final
version
September 2007
Pr.
Georges GIRAUD, ENITA of Clermont, France Done for CIRAD on behalf the EU
funded project SINER-GI
Table
of content
Acknowledgements.................................................................................................................... 2
Abstract....................................................................................................................................... 3
Objectives................................................................................................................................. 4
Programme............................................................................................................................... 4
Introduction................................................................................................................................. 5
1
The economy of Basmati rice
in Pakistan........................................................................ 6
1.1
Economic value............................................................................................................. 6
1.2
Sustainability and agronomic value................................................................................. 7
2
Basmati rice, a
consumer-oriented food product.............................................................. 9
2.1
Consumption................................................................................................................. 9
2.2
Organoleptic, cooking and nutritional values.................................................................. 11
2.3
Food safety
and certification........................................................................................ 12
2.3.1
Basmati rice
authentication........................................................................................................................ 12
2.3.2
Basmati rice and food safety..................................................................................................................... 13
3
Basmati rice and Geographical Indication....................................................................... 15
3.1
Region of origin........................................................................................................... 15
3.2
Historical origin and symbolic value.............................................................................. 17
3.3
Intellectual property protection in Pakistan..................................................................... 18
3.4
The attempt of private patenting................................................................................... 20
4
Discussion: The future for
GI Basmati rice..................................................................... 22
4.1
Implementation of the DPSR model.............................................................................. 24
4.2
Possible scenarios for Basmati rice as a GI candidate................................................... 25
Conclusion................................................................................................................................ 26
Bibliography.............................................................................................................................. 26
Glossary.................................................................................................................................... 29
Annexes.................................................................................................................................... 29
Annex 1 List of
met persons.............................................................................................. 29
Annex 2 Timetable............................................................................................................ 30
Annex 3 List of
Pakistani contacts..................................................................................... 31
Annex 4 List of
European contacts.................................................................................... 32
Annex 5 First written
quotation of Basmati rice, 1767........................................................... 33
ACKNOWLEDGEMENTS
The
author would gratefully thank the visited persons for their kind availability
for appointment and their patience when answering during the visits: S.W.H.
Pirzada, A. Riaz Mann, H. Malhi, Y. Tahir, M. Ismail, A. Makhdum, I. Ahmad
Khan, A. Niaz Rai, M. Khalid, M. Siddique Javed, M.Sadiq Butt, M. Siddique, M.
Asghar Cheema, H. Badar, Q. Mohy ud Din, M. Ahmad, A.M. Shahzad, G.M. Avesi, S.
Darracq, S. Bangash. The author wishes also to particularly thank H. Devautour,
D. Sautier D. Marie- Vivien, F. Galtier from CIRAD for their help.
This
report is written in the framework of the EU research project SINER-GI
“Strengthening International Research on Geographical Indications: from
research foundation to consistent policy” supported by the European Commission,
DG Research. However, the opinions expressed within this report belong to the
author and do not reflect the official opinion of the European Commission.
BASMATI
RICE IN PAKISTAN
ABSTRACT
Basmati (Oryza Sativa) is well
renowned as the most aromatic rice over the world. Populated urban markets are
prone to accept a premium to Basmati, whom trade price is the highest for rice
on all markets. Basmati rice is a cultural heritage and deals with festive
occasions of eating in Pakistan and among the immigrant community. Thus it is
of paramount importance for both Pakistani exports and domestic consumption. In
spite of low yield, Basmati rice is interesting for all the commodity chain
actors thanks to its price premium. Basmati fits well with very small farms.
Basmati rice growing may be considered as naturally leading to a quite
extensive agriculture. Environmental impact of rice cultivation and processing
is a new raising issue for Basmati rice cultivation.
Punjab province represents 90.5% of overall Basmati rice production in
Pakistan in 2005-06. This area forms the genuine alluvial lands appropriate for
Basmati rice cultivation, due to good water availability, but not marshland,
high temperature and important sun exposure, at a low altitude. The Tale of Hir and Ranjha, the first
Urdu written proof of Basmati rice crop in Punjab, was published in 1767. The
first indication of a release of a pure line selection was done in Kala Shah
Kaku (Punjab, Pakistan) in 1933. Basmati lines are developed for yield
improvement and growing area is spread out of Punjab since decades, due to
price attractiveness. However, this rice doesn’t offer similar qualities than
Basmati from Punjab.
As Basmati price premium is the highest on trade market, some opportunist
behaviours appear such as: i) cropping Basmati variety out of Punjab, ii)
blending of polished long grain from other varieties, iii) collusion between
brokers leading to higher price, iv) attempt to patent Basmati by private company.
DNA tests are mandatory for export in Europe. They allow to authenticate
the variety, but not the area where the variety was grown. Finally, as the
Basmati commodity chain is likely to be under corporate governance with high
competition pressure. Rice “Basmati from
Punjab” is a key issue as the regulation for Geographical Indication
protection is still pending in Pakistan, on the basis of a collective mark “Basmati”, according to section 82 of the
Trade Marks Ordinance, 2001.
The need of protection is clearly documented, but the registration of a GI,
will probably increase Basmati market shortages. A seed patent will protect
Basmati lines and may allow Basmati to be grown in enlarged area. A GI will not
mislead export market but will enhance price pressure on domestic market.
BASMATI
RICE IN PAKISTAN
The following pages present the synthesis report of the mission done in
Pakistan in April-May 2007 on the purpose of Basmati rice in Pakistan and
Geographical Indication regime. The mission took place from 25th
April 2007 to 04th May 2007. The places visited in Pakistan were:
Islamabad, Faisalabad, Lahore, Kala Shah Kaku. The report screens the economy
of Basmati rice in Pakistan (I), the consumer-oriented traits of Basmati rice
(II) and the relationships between Basmati rice and Geographical Indication
scheme (III).
Objectives
The general objective of the mission was defined within the framework of
EU funded research project SINER-GI for Work Package 5 on case studies: find
interesting commodity chains close to Geographical Indication scheme involving
valuable agricultural and food product out of the European Union. The specific
objectives of the mission are:
·
To collect information,
data and opinions on Basmati rice cultivation, processing and trade in Pakistan
·
To draw up range and limit
of Geographical Indication scheme application for Basmati rice in Pakistan
·
To identify and meet
stakeholders involved in the two above-mentioned issues.
|
Programme
|
|
Date
|
Place
|
Organism or company
|
Contact person
|
|
26 04 2007
|
Islamabad
|
National
Agricultural Research Centre
|
Dr
Riaz-Mann
|
|
"
|
"
|
French
Embassy
|
Dr S. Darracq Mr S. Bangash
|
|
27 04 2007
|
Islamabad
|
Ministry
of Food, Agriculture & Livestock, WTO
|
Dr
S.W.H. Pirzada
|
|
28 04 2007
|
Islamabad
|
Ministry
of Food, Agriculture & Livestock, IPR
|
Mrs
A. Makhdum
|
|
"
|
"
|
Intellectual
Property Organization Pakistan Mr Y. Tahir
Mr M.
Ismail
|
|
30 04 2007
|
Faisalabad
|
University
of Agriculture
|
Dean
I. Ahmad Khan Dr. A. Niaz Rai
|
|
"
|
Faisalabad
|
Lok
Sanjh Foundation NGO
|
Dr.
Q. Mohy ud Din
|
|
02 05 2007
|
Lahore
|
Basmati
Growers Association
|
Mr.
H. Malhi
|
|
03 05 2007
|
Kala Shah Kaku
|
Rice
Research Institute
|
Mr.
M. Ahmad
|
|
"
|
Lahore
|
Guard
Rice Mills Ltd
|
Mr
A.M. Shahzad
|
For more detail, see complete timetable page 30 and full list of met
persons and their address page 29.
INTRODUCTION
“Basmati is a premium long grain
rice. Its high value comes from its characteristic aroma in both the raw and
cooked state, and the grain is a distinctive shape, which on cooking elongates
to almost double its length whilst its width remains the same. In addition to
having unique eating qualities, Basmati rice is reported to be a good source of
slow releasing carbohydrates (i.e. it has a low glycaemic index compared with
other rice)” [Burns et al.,
2004].
Basmati rice (Oryza Sativa) is
generally judged by three main factors: appearance, aroma and taste. Basmati
rices are characterised by superfine grain, pleasant aroma, soft texture and
extreme grain elongation with least breadth-wise swelling on cooking [Singh et al., 2000- a]. The Basmati rice has
traditionally been grown in the north and north-western part of the Indian
sub-continent for centuries. Basmati grows best and produces best quality
grains under warm, humid, valley-like conditions [Singh et al., 2000-c].
Basmati rice is a staple food for people from Indian sub-continent and
for their ethnic communities in the European Union, especially in United
Kingdom. Although mainly eating wheat as cereals, people from Pakistan and
India express strong links related to Basmati rice as a cultural heritage.
Basmati rice is increasingly becoming an important food for the EU as a whole.
In recent years sales of Basmati rice have increased by around 12% annually;
and are expected to overtake sales of other long grain rice shortly. Currently,
Basmati rice accounts for around 38% of the dry rice market oriented towards
direct food consumption, while the main market for coarse rice varieties is the
transformation process used in the food and drink industry, and the
pharmaceutical sector as well.
Basmati rice attains a higher price than non-Basmati rice in both
wholesale and retail markets. It is the highest price on world export market.
This price premium attracts lot of players and increases competition between
domestic and trade markets. It may probably also fosters fraudulent blending.
Known as both the best aromatic rice over the world (at least one of the best
ones) and anchored basis of cultural identity on Indian sub-continent, Basmati
rice appears as a good candidate for Geographical Indication. The present
report offers an overview of the Basmati rice commodity chain in Pakistan with
successive issues focusing on the economy (I), the intrinsic attributes (II)
and the progress on the way of Geographical Indication scheme (III). This report
uses data issued from broad literature review of recent scientific
publications, completed by field study held in April-May 2007 that allowed
interviews of several local stakeholders.
1 THE ECONOMY OF BASMATI
RICE IN PAKISTAN
1.1
Economic value
In spite of low yields compared to other varieties, Basmati is
interesting for all the commodity chain actors thanks to its price premium.
Basmati is measured as the only crop which gained acreage in Pakistan due to
the globalization of commodities market [Ishtiaq et al., 2001]. Basmati is known for its low yield 2.8 tonnes per
hectare (T/ha) for Basmati 370, the oldest variety, although it was noticed 3
to 4 T/ha in experimental plots with Pusa or Haryana Basmati [Chaudhary et al., 2003]. Basmati is well renowned
as one of the most aromatic rice over the world, if not the best one [Weber et al., 2000]. The aromatic varieties
such as Basmati and Jasmine represent around 10% of world wide traded rice [von
Braun and Bos, 2005 ; Childs, 2001].
In Pakistan, Basmati production represents 2920.4 thousand tonnes (KT)
which means 52.6% of overall rice production in 2005-06 campaign, and 63.3% of
rice acreage [MINFAL, 2007-a]. Basmati represents 22.7% (839.0 KT) of quantity
but 41.4% (28714.1 million PKR1 ) of value of overall rice
exportations from Pakistan, while rice is 25.1% (value) of agricultural
commodities exported and 4.7% of overall Pakistani exports in 2005-06. Exports
represent 28.7% of Basmati crop but 108.5% of other varieties production2.
This situation is peculiar, as it is reported that the international rice
trade is estimated between 25 to 27 million tonnes per year, which corresponds
to only 5-6 % of world production [Mendez de Villar, 2006]. In 2005, world
import of rice is estimated 29.8 million tonnes which represent 4.7% of 632.9
million tonnes of the world paddy production [FAO, 2007]. At a world level,
rice trade is a minor issue compared to self-sufficiency for producer countries
[Wailes, 2003 ; Calpe, 2005]. Rice is the only one commodity whose export value
increased (+59.4%) in last decade for Pakistan [Chand, 2005]. Basmati rice from
Pakistan is mainly exported in Saudi Arabia and European Union. Recently Iran
became a player for Basmati importation, this increased prices on market
places. Basmati rice is of paramount importance for both Pakistani exports and
domestic consumption.
According to FAO, international export free-on-board price of Basmati is
the highest one, reaching 516 USD /tonne in 2006, which is 65.9% higher than
Thai 100% white rice, 31.0% higher than US long grain 2.4% broken, and 108.9%
higher than India 25% broken [FAO, 2007]. International export free-on-board
price of Basmati increased from 68.0% since 2002.
1 Pakistani rupee, 100 PKR =
1.21 EUR and 1.65 USD on 10 September 2007.
2 According to MINFAL
[2007-a], other varieties of rice than Basmati represent production of 2626.8 K
tonnes (Agricultural Statistics page 10) and exportation of 2849.7 K tonnes
(Agricultural Statistics page 208) in 2005- 2006, indicating that some stored
rice was exported out of Pakistan later than the year of its harvest.
Basmati price is
the highest on export market, but its increase is not exceptional according to
other rice prices (see table 1).
Table 1 Rice
export prices according to variety, USD/tonne free on board
Thailand
US long grain
Thailand
India
Pakistan
US California
Pakistan
Thailand
|
|
100% white
|
2.4%*
|
25%*
|
25%*
|
25%*
|
medium grain
|
Basmati
|
Fragrant
|
|
2002
|
197
|
207
|
171
|
140
|
159
|
271
|
366
|
306
|
|
2006
|
311
|
394
|
269
|
247
|
230
|
512
|
516
|
470
|
|
March 2007
|
325
|
424
|
293
|
260
|
264
|
551
|
615
|
537
|
|
2007/2002
|
165%
|
205%
|
171%
|
186%
|
166%
|
203%
|
168%
|
175%
|
* % broken grains Source:
FAO 2007
Monthly wholesale prices of Basmati (385 new) (PKR /40 Kg) vary from 865
in Multan to 927 in Rawalpindi in August 2006 and increased of 46.7% since
August 1996 [MINFAL, 2007]. Compared to another rice variety (Irri-6), Basmati
costs +45.4% in Hyderabad, +60.5% in Lahore, +62.7% in Peshawar, +71.7% in
Rawalpindi and +73.7% in Multan. Populated urban markets in Pakistan are prone
to accept a premium to Basmati price. In April 2007, Basmati price ranges from
51 to 58 USD per 100 Kg on the wholesale market of Karachi, while other
varieties rang from 23 to 36 USD per 100 Kg. Limited availability of good
quality rice in Pakistan (see section 2.3) results in strong price increases
[FAO, 2007].
On the final European market, consumer net prices of Basmati rang from 1.327
€ /Kg (Distributor brand) to 4.626 € /Kg (Strong brand, pre-cooked,
microwaveable), to 5.365 € /Kg (Fair Trade labelled), while common rice is sold
around 1.536 € /Kg (data collected in April 2007).
1.2
Sustainability and
agronomic value
According to Khush and de la Cruz [in Chaudhary et al., 2003], “all the
Basmati varieties are tall (150-160cm), very weak-stemmed and have light green
and droopy leaves. They invariably lodge at maturity and are thus difficult to
harvest. Because of their weak stems and taller growth habit, they are not
responsive to inputs. Thus their yields cannot be increased by fertilizer
applications beyond 30-40 kg /ha. Under higher fertility level, lodging may
occur during the grain-filling period resulting in poorer yields”.
It was found that the agronomic response of Basmati rice growers in
Punjab to the green revolution during the 1970s was to increase the use of
fertilizers [Farooq et al., 2001 ;
Mubarik, 1989]. As the increased yields was directly correlated to the increase
of fertilizer- use, the benefits for Basmati growers are questionable, due to
the high price of fertilizers.
The Basmati varieties do not offer high agronomic value compared to Irri
or other hybrid varieties. According to von Braun and Bos [2005], the yields of
long grain rice range from 2.2 T/ha in Thailand (rainfed fields) to 7.0 T/ha in
USA (irrigated fields), while for Basmati
varieties, the yields range from 2.5 T/ha for Taraori to 4.0 T/ha for
Haryana [Singh et al., 2000-a], and
is reported to vary around 2.0 T/ha ± 0.1
in Pakistani Punjab [Moazzam, 2004].
Pakistan has cultivated for a while Basmati, and other rices as well,
under the irrigated ecosystem, due to the limited rainfall [von Braun and Bos,
2005]. According to MINFAL [2007-b], rice crop used 2621 thousand hectares
acreage in Pakistan in 2005-06. This will reduce to 2475 thousand hectares in
2006-07. Basmati represents 1659 thousand hectares acreage (63.3% of overall
rice culture).
The irrigation system was achieved in early 1900s in the Indus basin
[Janjua, 2006]. But the water-use efficiency of irrigated rice is low. Von
Braun and Bos [2005] estimate that rice growing requires about twice as much
water as other crops such as maize and wheat. This is why the research
programme of the Faisalabad Agricultural University on water management for
rice-wheat system is welcome, in order to reduce water-use by sowing rice on
bed instead of flat, while tubewells are
still considered as expensive for small farmers [Niaz Rai, 2006; Mobin ud Din et al., 2007]. More generally,
environmental impact of rice cultivation and processing is a new raising issue
for Basmati rice cultivation [Morrissey et
al., 2005].
Crop rotation is well installed in Punjab with wheat during Rabi (wet season, winter from November
to April) and rice during Kharif (dry
season, summer from May to October). Basmati rice is sown in June, and
transplanted by hand in irrigated or water-flooded fields in July under 45-47°C
temperature. Traditional Basmati varieties are tall growing (up to 170 cm) and
highly photosensitive [Singh, 2000]. The harvest occurs usually in November,
five months after sowing and 35 days after 50% flowering with average moisture
content of 21%. As no-tillage technique is now introduced, some farmers adopt
direct sowing. Although there is no experimental evidence, farmers are reported
to say that there is better aroma in direct sown rice crop than in transplanted
ones [Singh et al., 2000-a].
In spite of high labour intensive pressure, the risk of switching from
Basmati to other rice varieties with higher yield is considered as very low due
to the high competitive advantage offered by Basmati price premium at farm gate
and all along the commodity chain [Riaz- Mann, 2002]. In such a way, Basmati
fits well with small farms (less than 2 ha) which make up the farm population
in North Punjab [Mubarik, 2005 ; Safdar Baloch, 2004], while the rice farms in
Sindh and Baluchistan provinces are larger and cultivate only other rice
varieties ; those of North West Frontier Province (NWFP) are smaller than
Punjabi ones and located in mountain area.
It was reported that western Punjab (Pakistan) is closer to sustainable
rice growing than eastern Punjab (India), both in terms of cropping pattern
diversity (diversification index: 0.72 vs 0.60), use of pesticides, fungicides,
weedicides and fertilizers (Kg /ha: 183 vs 338), and
other low
inputs indicators (tractors /thousand ha: 19 vs 96), while the increase of
yields is
3.73 vs 0.34 % /year from 1990s to 2000s, although at a still huge
difference (tonne /ha: 1.53 vs 3.47) [Sidhu and Bhullar, 2005]. Behind the
discussion on the trade-off between sustainability and post green revolution
agriculture, it was calculated that Pakistan Punjab is still far-off from
intensification [Murgai et al.,
2001]. Thus, Basmati rice growing in Pakistan Punjab may be considered as
naturally leading to a quite extensive agriculture. Yield is reported 1721 Kg
/ha in 2005-06 in Punjab for Basmati crop [MINFAL, 2007-b].
The first trials of transgenic Basmati variety were reported by Khurram et al. [2004] and show significant
differences in the different aspects: agronomy, insects resistance and cooking
properties. However, farmers are likely to be reluctant to start genetically
modified (GM) Basmati rice cultivation, due to previous experience on the cost
of patented seeds during the episode of RiceTec Inc. in early 2000s (see below
section 3.4).
Local stakeholders, including the Government and the farmers’
associations unanimously declare their opposition to GM Basmati cultivation.
Nonetheless, an up-to-date overview indicates that several GM lines of Basmati
rice have been successfully developed with resistance to different biotic and
abiotic factors such as pest, fungi, bacterial blight, drought, cold, salinity
[Bashir et al., 2007]. GM Basmati is
likely to be ready, but not yet released on the market due to the strong
reluctance against GM food expressed by consumers, especially in Europe.
2 BASMATI RICE, A
CONSUMER-ORIENTED
FOOD PRODUCT
2.1
Consumption
The major rice users at the world level are the food and drink industries
(e.g. pasta and bread factories, beer
and other liquor distilleries), as well as the pharmaceutical industry [Mendez
de Villar, 2006], they use coarse rices. This is not the case in Pakistan,
where Basmati rice is reported to be a major production, obviously devoted to
direct food consumption by final consumers from domestic or overseas markets,
like other aromatic rices.
Wheat represents 89% of cereal direct monthly intake per capita (9.23 Kg)
in Pakistan in 2004-05 and rice 11%. However, rice is a staple food in
Pakistan. Rice consumption per month in rural areas is 1.08 Kg /capita, 0.93 Kg
/capita in urban areas (86.1% compared to rural data). Pakistan is
self-sufficient in rice production with availability of 15.72 Kg /capita
/year in 2005-06 [MINFAL, 2007-a]. There is no procurement of rice by
Government in Pakistan since 1995 [MINFAL, 2007-a].
FAO estimation is 2148 KT for domestic use of all rice varieties in
Pakistan in 2005 [FAO, 2007]. The overall production of Basmati is 2 920.4 KT
in 2005-06, according to the estimation of seed and wastage (6% = 175.2 KT) and
exports (839.0 KT), the final availability of Basmati is around 1906.2 KT for
domestic market [MINFAL, 2007-a]. Including 156.77 million inhabitants, it
means around 12.16 Kg per capita /year. Basmati is likely to represent 88.7% of
Pakistani rice consumption. Due to the increasing world demand for Basmati,
some competition occurs now between trade and domestic market [Qayyum Mohsin et al., 2006].
Both demanding for Basmati rice, domestic and export markets are
segmented by mean of use of different rates of broken grains, which is the present
way for quality grading. Export market only accepts top quality (0 to 5% broken
kernels), while domestic one is more likely to be open to high-medium quality
(5-15% broken). In Pakistan, Basmati rice deals with festive occasions of
eating: ceremony, reception of friends or relatives, dinner for birthday,
wedding, funeral. During the interviews of stakeholders, it was often said that
Basmati rice may be considered as a conspicuous food used when offering best
quality is a signal of both social status and high consideration of guests.
In Europe, Basmati rice is the only segment showing increased sales on a
saturated market. As the pre-cooked ready to eat and seasoned packages of rice
are increasingly sold nowadays in Europe, it is questionable if the European
consumers will be always able to identify or remind the genuine and distinctive
aroma of Basmati. It may be confusing for both the consumers and Basmati itself
to keep the trend for ready-to-eat coming so familiar that the original aroma
of rice would be covered by seasoning.
Up to now, no consumer survey was identified indicating whether Basmati
is sought for its aroma and cooking qualities (in Asia?) or for its presumed
origin from west Asia (in Europe?). However, two markets are co-existing, according
to previous publications [Chaudhary, 2003 ; Bhattacharjee et al., 2002]:
-
The domestic market where
the salient attributes for Basmati recognition are aroma, even for dry rice in
bag, and shape as an additional proof. These experiential and intrinsic attributes
involve consumers’ knowledge and familiarity to be used.
-
The export market, mainly
located in Saudi Arabia and Europe, where the salient attributes for Basmati
recognition are the word Basmati, the
brand name as a guarantee and shape in a minor extent. These attributes are
extrinsic and market-driven, they do not need consumers’ knowledge and
familiarity to be used. In Muslim countries, such as Saudi Arabia, Kuwait or
Iran, Pakistani exporters are likely to use specific distribution channels which
involve trade relationships based on trust in
neighbourhood.
2.2
Organoleptic, cooking
and nutritional values
Basmati rice has very interesting cooking qualities. It is a non-waxy,
non-glutinous rice and does not stick on cooking. It cooks flaky and remains
soft on cooling and has a high volume expansion. Its elongation after cooking
is also measured as the longest one, while its width remains the same
[Bhattacharjee et al., 2002].
It is reported for a while that Basmati emits specific aroma in the field
at harvesting, in storage, during milling, cooking and eating [Jefferson,
1985]. All the stakeholders met during the mission talked about the peculiar
aroma of Basmati, which is claimed to be one of the most specific
characteristics of this rice. Surprisingly, none of the met persons indicated
documented source on the characterization of Basmati aroma. Notwithstanding,
Basmati rice was analysed by using gas chromatography in order to identify the
spectrum of its volatile components.
Thus the identification of the volatile components, which are the origin
of this specific aroma expression is now well documented. It was found that
about 100 volatile compounds are responsible for Basmati flavour [Bhattacharjee
et al., 2002]. Previous works
identified 29 volatile flavour components in Basmati [Weber et al., 2000]. The profile of
concentration of major volatile compounds is quite different for Basmati
compared to other aromatic rices (Jasmine, Goolarat, Pelde) [Weber et al., 2000].
It was also interestingly reported that “when grown outside the Punjab region in Pakistan, Basmati is not
aromatic” and not so much elongated after cooking [Bhattacharjee et al., 2002]. This was confirmed by
Rice Research Institute of Kala Shah Kaku which carried out Basmati field
trials in Sindh where the grain quality markers3 gave systematically
lower values compared to those obtained in Punjab: From northern Punjab to
northern Sindh, some variations4
occur from NE to SW: 31°N 74°E (Kala Shah Kaku) to 30°N 71°E (Multan) and to
28°N 69°E (Shakarpur).
Antioxidant properties were assessed in Basmati from Pakistan [Iqbal,
2005]. Basmati compares well with common rice varieties with respect to protein
content, ash content and crude fibre [Bhattacharjee et al., 2002]. The fatty acid composition of the triglycerides of
Basmati lipids has been reported to be slightly higher than for common rice
varieties, the same does not occur for amino-acid profile whom no significant
difference has been reported yet [Bhattacharjee et al., 2002].
3 Rate of broken kernel, length, width, thickness,
bursting, ….
4 However, none significance test was shown to
enhance the reliability of the results obtained.
2.3
Food safety and certification
Mandatory for export, the certification procedure for Basmati rice comes
from two major issues: authentication and food safety.
2.3.1
Basmati rice authentication
The authentication of Basmati rice is an important topic since its price
is the highest on trade market. The privatization of rice trade started in 1988
in Pakistan and was achieved in 2001. This opened rice trade to several
players, sensitive to the market pressure increasingly demanding Basmati rice
while the production does not always follow this trend. Nowadays, DNA tests are
mandatory for export in Europe.
A survey was carried out in 2002-03 by the British Food Standards Agency
in order to measure the sincerity of labelling Basmati on rice packages sold in
UK [Burns et al., 2004]. The survey
employed a novel DNA test which was developed by the Agency. Approximately
one-third of the 363 samples, collected from a range of retail outlets and
catering suppliers, were labelled as from India, one-third from Pakistan, and
the final third were not labelled with the country of origin. A small number of
samples were labelled as mixed origin.
Although not required by law, 68 samples displayed a Basmati varietal name
(Super and/or Kernal) on their packaging. Analysis found that only 19 of these
samples were comprised wholly or mainly of the variety claimed. In the
remaining 49, the declared variety was either a minor component of the mixture,
or was not present. 18 samples were labelled as ‘Super Kernal’, which is not an
approved varietal name, and could be confusing to consumers as it mentions two
individual varieties “Super” and “Kernal”.
All samples claimed to be Basmati rice as written on their labelling.
While 196 (54%) samples were found to contain only Basmati rice, non-Basmati
rice was detected in 167 (46%) of the samples analysed [Burns et al., 2004]. In around 24% of these
samples, the non-Basmati rice content was relatively small i.e. less than 10%
(and below the limit of measurement in 10% of these samples). However 63 (17%)
samples had a non-Basmati rice content greater than 20%. Of most concern were
the 31 (9%) samples that were found to have a non- Basmati rice content greater
than 60% [Burns et al., 2004].
These very interesting results, obtained in the main European importing
country for Basmati rice, highlight the advantage of a robust method available
to check variety and non-Basmati rice addition. They also give suitable
orientation for the revision of the export standards for India and Pakistan,
and for the updating of EU importers Code of Practice as well. Clean and fair
practices should be promoted within the rice commodity chain in order not to
mislead consumers.
In view of the higher price of Basmati, the EC Rice Regime grants a
restricted list of certain Basmati rice varieties a refund of 250 € / tonne on
presentation of certificates of authenticity. Hence in the interest of
preventing fraud, only those varieties which are eligible should receive the
refund. The Regime has recently been amended to limit the receipt of refund to
a more restricted list of varieties, which comes into force after March 2004
[Burns et al., 2004]. However the
authentication of Basmati variety does not indicate clear origin or provenance.
On the domestic market, the aroma is reported as the major cue used to
testify Basmati. However, there is no scientific publication on the way used
for this purpose. It is questionable to measure how strong is the capability to
authenticate Basmati by means of olfaction by local consumers and stakeholders.
In other words: Which rate of blending are human testers able to discriminate?
DNA test, as shown above, is able to testify the given sampling is coming
from a certain variety, here Basmati. DNA is a mean for variety authentication.
Notwithstanding, DNA cannot certify the area where the variety was grown. Thus
DNA test should not be considered as a substitute of certificate of origin or
provenance. In such a way, efficient traceability may cope with both origin
certification and food safety control as shown
below.
2.3.2
Basmati rice and food safety
Few sanitary dangers are associated to rice, aflatoxin is one well known
since many years. Some peculiar conditions, ie humidity and high temperature,
during last maturation of rice favour the development of certain fungi such as Aspergillus, then production of
aflatoxin is possible. When lodging at maturity, Basmati rice may be infested
by aflatoxin due to its stay on soil.
Shipping aflatoxin-free rice is mandatory for importation in EU as
aflatoxins lead to the production of acute liver carcinogens in the human body
[Otsuki et al., 2001]. The EU
aflatoxin standards are two times more stringent than those admitted by Codex
Alimentarius. The import certification process is very strict and limits the
provenance of Basmati rice coming in Europe from millers which are able to
guarantee this aflatoxin zero level, such Guard Rice Ltd, a private
company based in Lahore.
The laudable intention to guarantee food safety is not questionable,
notwithstanding leading to higher entry barriers in Europe for Basmati from
Pakistan. Rice exports from Pakistan drop frequently due to quality problems,
caused by heavy rainfall at harvest time and lack of proper storage [FAO,
2007]. Thus the Government of Pakistan, now conscious of the importance of rice
as a trade earner, is launching an awareness campaign to raise the quality of
the grain produced, including the most remunerative market of Basmati rice.
The importers are encouraged to have vigilant inspection criteria to
collect aflatoxin-free rice from Punjab. It is also possible that some would be
prone to collect rice in areas where it
may probably be more aflatoxin-free, these areas are probably not
located in Punjab. Thus, harvest is less prone to be subject to aflatoxin
infestation. This move of rice crop for export in areas where the combination
of water and temperature is different from Punjab, is a paradoxical and
perverse effect of food safety protection against aflatoxin.
Aflatoxins are deemed to be mainly located in dust and chips extracted
from grain by polishing cargo rice. De-husking, polishing and drying processes
reduce the rate of aflatoxin [Vasanthi and Bhat, 1990]. As the import duty is
zero for husked Basmati rice, but not for milled one [Muhammed and Pirzada,
2005], trade tariffs on rice in EU do not seem to be driven by food safety, and
are likely to actually protect added value of European millers, which are
mainly based in UK.
Nonetheless, the narrowing of the duty differential between husked and
milled rice will reduce the protecting effect on the EU milling industry [FAO,
2007]. The positive effect of this trade policy looks like a way of selection
and improvement of exporters. Those from Punjab who are still able to export in
Europe, comply with high standards of quality control. This capability is
likely to come from their higher level of education (managers and staffs)
[Moazzam, 2004]. These private stakeholders show proof it is possible to
control aflatoxin infection in Basmati rice harvested in Punjab and to comply
with sanitary and phytosanitary mandatory conditions for exportation in Europe.
The longer commodity chain which occurs from this trade regulation may
confuse consumers by offering them an aflatoxin-free rice, called Basmati but
not coming from the region of origin. In this case, it is worthwhile to precise
that the risk-management process doesn’t lead to help local millers at
developing modern drying equipments, which may be more sustainable, but may
orient some importers in less risky areas far-off the original region.
Rice milling industry gathers only 228 millers in Pakistan which account
for 2.3% of value of agro-based production [MINFAL, 2007-a]. The location in
Punjab of added value created through Basmati commodity chain seems
perfectible.
The threat of making Basmati rice a generic resource is not so far.
Nonetheless Basmati seeds sown out of Punjab don’t give rice with the same
quality characteristics (see section 2.2). This rice should not be labelled as
Basmati rice due to its non provenance from the region of origin.
3 BASMATI RICE AND GEOGRAPHICAL INDICATION
3.1
Region of origin
The Pakistani Punjab, and Indian as well, consists with the region
so-called the Indus basin in the foothills of Himalaya range. The Basmati
growing area is in North Punjab, while South Punjab acreage is devoted to
cotton fields, and Sind province welcomes other rice varieties growing.
Balochistan province is almost salted desert, although some districts located
in Indus basin intend to develop agriculture and rice production [Safdar
Baloch, 2004]; NWFP and Gilgit regions are quite mountainous areas, still some
districts are minor rice crop areas (see Figure 1). Punjab province welcomes
55.6% of overall population of Pakistan (Census 1998) and 60.5% of agriculture
share in 2005-06 [MINFAL, 2007-a].
Figure 1. Rice crop areas in Pakistan
Source: Mobin ud Din et al., 2007
Punjab represents 90.5% of overall Basmati rice production in Pakistan in
2005-06 (2920.4 KT), Balochistan 8.6% and NWFP 0.9% [MINFAL, 2007]. In Punjab,
Basmati represents 83.0% of all rice crop in 2005-06. In almost all districts,
Basmati or Irri and other varieties are exclusive for rice crop. The
most important districts (more than 50 KT) are: Toba Tek Singh, Sargodha,
Jhang, Gujrat, M.B. Din, Sialkot, Narowal, Gujranwala, Hafizabad, Sheikhupura,
Nankana Sahib, Lahore, Kasur, Okara, Pakpattan, Bahawalnagar in Punjab province
and Jaffarabad in Balochistan province. Together they collect 90.0% (2629.1 KT)
of overall Basmati crop in Pakistan. Punjab alone produces 2641.8 KT of Basmati
rice in 2005-06. Basmati rice cropping is clearly located in Punjab.
In old Urdu language, Punjab means punj (five) aab (water). It is located between the five rivers Indus, Jhelum,
Chenab, Ravi and Sutlej from north-west to south-east (see Figure 2). This area
forms the genuine alluvial lands appropriate for Basmati rice cultivation, due
to good water availability, but not marshland, high temperature and important
sun exposure, at a low altitude.
Figure 2. Punjab: the five rivers
Source: Niaz Rai,
2006
It is also worth mentioning that growing the Basmati plant is possible
anywhere, but the specific characteristics are linked to production of rice in
the specific districts of Punjab. The rice produced from the same seed but in
different environments of area does produce rice but not Basmati. Thus data
from MINFAL may be questionable as they call Basmati rice sown from Basmati
seeds but grown in Jaffarabad district in Balochistan province.
In spite of its name, the Indian region Haryana was included in ancient
Punjab, before the partition done in 1947 by the Authorities of the British
Empire for the independence of India and Pakistan. Thus, old Punjab is likely
to include present Pakistani Punjab, Indian one, and Haryana. All these areas
formed the old Punjab before partition and are reported to be the Basmati belt,
including the plain below Dehra Dun in Uttarakhand (former Uttaranchal, created
in 2000, India).
The homogeneity of these districts of the Himalayan foothills is
questionable as the paedo- climatic conditions, altitude and landscape as well,
are very different and impact on Basmati characteristics. However, these
districts belonged to Punjab in ancient times. The present relative share for
Basmati is 87% of total rice acreage in Pakistani Punjab [MINFAL, 2007], 30% in
Haryana, 3% in Uttaranchal5 and 5% in Indian Punjab [Bhattacharjee et al., 2002]. In India, genuine
statistics on Basmati are hardly available. The Ministry of Agriculture of
India publishes data on overall rice production (91.79 Mio T in 2005-06) and
detail on Basmati are only displayed for exportation (1.16 Mio T in 2005-06).
This highlights the interest of traceability and authentication methods.
3.2
Historical origin and
symbolic value
The word Basmati has been derived from two Sanskrit roots: vas (aroma) and mayup (deep- rooted). While combining, mayup changes to mati making
vasmati, pronounced as Basmati [Singh, 2000]. The etymology of
Basmati is rooted to the generous aroma of this original rice. When questioned
on the historical origin of Basmati rice, several stakeholders spoke about
“Hir“ an ancient tale from Punjab, describing the food for a wedding, a special
festive occasion. A copy of the page of this poetry where the word Basmati was
identified in old Urdu6 is annexed (see annex 5). This document is
used for the justification of intellectual property rights (IPR) on Basmati
rice by MINFAL.
The Adventures of Hir and Ranjha [Shah,
1767] was translated into English around 1910 by Usborne, the purpose is a tale
of love in Punjab. The second paragraph of chapter 16 describes several
foods displayed for a wedding: “… all
kinds of varieties of rice, even Mushki and Basmutti and Musagir and
Begami and Sonputti”. The Urdu version was dated from 1767 according to
Orsini [2006]. Thus the first written proof of location of Basmati rice in
Punjab is old7. It is also interesting to highlight that Basmati
rice consumption is genuinely linked to festive occasions, which is nowadays
one of the common features of GIs all over the world. The historical name has
variation: Bansmatti, Bansmutty, Bansmati, Bansmuttee, Bansmatee in Punjab, and Basmoti in Bangladesh [Singh, 2000].
More recently, the first indication of a release of a pure line selection
was done by the Rice Experimental Farm in Kala Shah Kaku (Punjab, Pakistan) in
1933 as Basmati 370 [Chaudhary et al.,
2003]. The majority of pure line selections were carried-out in the same
Institute since this time, nonetheless they are sometimes written as
originating from India by International Rice Research Institute (IRRI) [Khush,
2000]. This clearly locates the original
5 It was written Uttar Pradesh in Bhattacharjee et al., 2002.
6 
7 Compared to what is usually documented in Europe
for GIs, 1767 is a very old date.
Basmati seeds research in Punjab. The line Punjab Basmati 1 was released in 1981 by
Rice Research Station of Kapurthala in Indian Punjab by hybridization of
Basmati 370 and Sona [Singh et al.,
2000-b].
Nowadays, several lines of Basmati are developed and growing area is
spread out of Punjab since decades, due to price attractiveness, in spite off
low yields and labour intensive cultivation. Basmati-based hybrid rices are now
sown in Pakistan, India, Bangladesh and United States of America (see 3.4
below). They are encouraged to be under trial for adaptation and selection in
several Asian countries with support of IRRI [Singh et al., 2000- a]. Albeit coming from cross-breeding of Basmati pure
lines, these Basmati look-alike rices do not offer similar aroma qualities than
Basmati from Punjab [Bashir et al.,
2007]. However, far-off consumers, particularly in Europe, are likely to pay
more attention to the name of rice, instead of aroma characteristics which also
depend of the cooking skills of final consumers.
Finally this means that selling Basmati rice in present market doesn’t
allow to guarantee the genuine quality linked to terroir of Punjab. These elements may explain why Pakistani
stakeholders are likely to be very sensitive to the origin of Basmati rice,
although not often acting as first players on Basmati worldwide market.
3.3
Intellectual property
protection in Pakistan
IPR in Pakistan is an old story since Patent Act (1911), Trade Marks Act
(1940), or Copyright Ordinance (1962). The new Intellectual Property Laws were
published in 2000, including Registered Design Ordinance, Layout and Design
Ordinance and Patent Act. The major change is the creation of a unique and
powerful office for intellectual property protection [Urbany and Allah, 2006].
Intellectual Property Organisation of Pakistan (IPO) was created in April 2005,
it is under the direct authority of Prime Minister8.
Up to now, the legal framework for IPR is based on trademarks protection regime in
Pakistan, with special focus on well-known
marks, certified marks and collective marks. Pakistan is on the way
of achieving the translation of TRIPS in domestic Law. However, this process is
not finished yet, as some aspects of TRIPS such as biodiversity and genetic
property are considered as non conventional by Pakistani authorities.
The regulation for geographical indication (GI) protection which is still
in circulation within the different stakeholders is based on “Geographical Indication of Basmati as a
collective mark “Basmati”, according to section 82 of the trade marks
ordinance, 2001”. The Trade Marks Ordinance was promulgated in 2001, but
not come into force immediately [Quasim Shah, 2004]. Recently, the Trade Mark
Ordinance came into force and the application of
8 It means IPO is not depending on Ministry of Trade
nor Ministry of Agriculture nor Ministry of Industry, in order to avoid any
conflict of interest.
registration of GI Basmati was filed in December 2005, under section 82
of this Ordinance. However, this registration is not yet granted, due to some
opposition coming mainly from traders.
On another hand, Pakistani food market is mainly based on regional
products. Thus, the regional claims may be increasingly noticed. Interestingly
the stakeholders of some local produces, such as Sahiwal cow, Shu / Chitrali Patti (long dress with delicate
embroidery), Sindhri mangoes, Hunza apricots …, are claiming now for
GI protection scheme [Qasim Shah, 2004]. However, regional production is
different from GI product.
Claiming for GI label should lead to better identify and localise the
relevant supply chain and the stakeholders as well. The most salient trait of
GI products is the management of added value between farmers and local
processors, before the long or short supply chain, which makes a huge
difference with usual, although local, agricultural commodities. Claiming for
GI label should also active the selection of who complies with code of
practices and high quality standards and who doesn’t. This process of quality
management has a cost that should not be ignored by GI candidates.
Presently, the different recognized lines of Basmati in Pakistan are:
Basmati 370, Basmati 385, Super Basmati, Basmati 198, Pak (Kernel), Basmati
2000 and Shaheen Basmati, according to the project of regulation. All the
above-mentioned varieties are registered under Seed Act 1976 by Federal Seed
Certification and Registration of MINFAL. However, it is questionable when the
list of native and indigenous lines of Basmati will be closed according to the
project of GI. Basmati 370 was identified in 1933, but Super Basmati was
developed in 1995 [Bashir et al.,
2007]. Although derived from traditional cross-breeding from Basmati 370 and
IR661, this line is recent and its inclusion as a candidate for the GI package
may keep the list open for registration of any recent developed line of Basmati
variety like Basmati 2000 or Rachna
Basmati, not always showing strong links to Punjab. In such a case, Basmati
from Texas or Basmati from Nepal may
find a kind of justification.
More generally, the long list of Basmati lines may confuse non skilled
stakeholders and consumers as well. The list includes the name of the major
lines such as Basmati 370 (also known as Dehraduni Basmati, Type 3, Punjab
Basmati), Basmati 386 (also known as Taraori Basmati, Karnal local, Amritsari,
HBC 19), Haryana Basmati, Pusa Basmati, Basmati 198, Basmati 385, Super Basmati
and Basmati Pak (also known as Kernel Basmati) [Singh et al., 2000-b]. The present list, not necessarily complete here,
also includes: Baldhar Basmati, Basmati 106, Basmati 107, Basmati 123, Basmati 134, Basmati 136, Basmati 208, Basmati
217, Basmati
2000, Basmati 3708, Basmati 388, Basmati 5833, Basmati 5836, Basmati
5875, Basmati
5877, Basmati 5888, Basmati 6141, Basmati 6187, Basmati 6311,
Basmati
6813, Basmati 93, Basmati D, Basmati Sufaid 100, Basmati Sufaid 106, Basmati
tall, Basmoti, Champaran Basmati, Chimbal Basmati, Early Basmati, Guarav,
Hansraj, Kashmir Basmati, Kasturi, Local Basmati, New Sabarmati, Pakistani
Basmati, Punjab Basmati 1, Rachna Basmati, Ranbir Basmati, Sabarmati, Seond
Basmati, Shaheen Basmati, Tapovan Basmati [Singh et al., 2000-b; Bashir et al.,
2007]. At least 60 lines of Basmati rice are released on the seed market.
Of the largest aromatic germplasm maintained at IRRI, about 86 are
described by the name Basmati irrespective of grain dimensions and intensity of
aroma: Pakistan (67), India (9), Nepal (7), Bangladesh (2) and Srilanka (1).
Comparing these with Basmati standards, only
18 qualify as Basmati [Singh, 2000]. A harmonious combination of minimum
kernel dimension, intensity of aroma, texture of cooked rice, high volume
expansion during cooking made up by linear kernel elongation with minimum
breadthwise swelling, fluffiness, palatability, easy digestibility and longer
shelf life qualify a rice to be Basmati in consumers’ and traders’ view [Singh,
2000].
As Basmati price premium is the highest on trade market, some opportunist
behaviours appear such as:
·
cropping Basmati variety
out of Punjab, creating a claim for identification of region of origin
[Chandola, 2006 ; Chatuverdi, 2002],
·
blending of polished long
grain from other varieties [Burns, 2004], pushing importers into a clearer code
of practice [British Retail Consortium, 2005],
·
collusion between brokers
leading to higher price [Banerji and Meenakshi, 2001], calling for market
regulation by Government,
·
attempt to patent Basmati
by private company leading to protection scheme of common living resource [Sarfraz, 2001 ; Nair and Kumar, 2005].
3.4
The attempt of private patenting
Basmati rice issue proved in 1997 to be a watershed development for
Pakistan when an American Texas-based company RiceTec Inc. was granted an
international patent on Basmati. Once the patent was granted, RiceTec did not
only label its rice Basmati within the US, but also exported it as Basmati all
over the world. This company, developed an American-grown aromatic rice and obtained a patent in 1997, for new lines of
Basmati rice, from the United States Patent and Trademark Office (USPTO), marketed under
the trademark of Texmati and Kasmati.
The company claimed to have produced a superior variety of Basmati, with
semi-dwarf long- grain traits of photoperiod insensitivity, high yielding,
disease tolerant and a dwarf plant, by cross-breeding Pakistani Basmati
varieties with American long-grain rice varieties. The
patent was titled “Basmati rice lines and grains”. It was claimed that
the plants thus bred were of semi-dwarf variety, substantially
photo-insensitive and high -yielding. The patent had 20 claims. Claims 1 to 14
broadly defined the characteristics of rice plants when grown in America and
their various aspects. Claims 15 to 17 defined rice grains without any
limitation or territory. Claims 18 to 20 described the method used by RiceTec
to develop the rice lines.
The patent details the history of Basmati grown traditionally in India
and Pakistan and the difficulty of growing such varieties in other areas, in
order to justify the breeding of traditional Basmati
varieties and semi-dwarf varieties locally adapted.
Seen from India
and Pakistan, the issue resides
in qualifying theses varieties as
Basmati, generating the confusion with the varieties grown in these
countries. The claim had given RiceTec monopoly to sell,
market and import into the US rice grains having the claimed features,
irrespective of the place where they had been
grown. This claim, without any territorial limitation, contents a serious risk of infringement against importation and sale of Basmati rice, from India and Pakistan, in the US.
The Indian and Pakistani Governments filed a petition
against the patent in 2000, challenging the claims 15-17. The USPTO examiner
issued a long notice to RiceTec in 2001 asking the company
to justify the issuance of the patent without any territorial
basis [Nair and Kumar, 2005].
RiceTec replied by surrendering all the broad-based claims relating to the plant, method
and the seeds. It was left with a
truncated patent with five
minor claims.
RiceTec also applied to register the trademark Texmati in UK in 1999 for its rice. The
word Texmati is a compression of
Texas and Basmati. In 2000, opposition against the application raised from
India and Pakistan on the ground of deceptiveness due to its similarity with
the word Basmati and its use for rice grown in the US. RiceTec objected that
Basmati did not mean any GI for rice grown in the Indian sub-continent but any
rice which is aromatic and can be grown anywhere in the world. The opponents
shown many evidences, from UK stakeholders and rice end-users, to demonstrate
that Basmati was understood in the UK as referring to long grain aromatic rice
grown in the Indian sub-continent. The company decided to withdraw the
trademark application [Nair and Kumar, 2005].
RiceTec applied again to register the trademark Kasmati for its rice. It was US grown rice sold in package with a
labelling including a caricature of the Taj Mahal9 and the
expression “Indian style Basmati Rice”. The word Kasmati is a compression of Karnal and Basmati. The opponents from
India immediately sought the cancellation of the trademark as it used Indians
symbols on labelling and none of the specific traits of Basmati
rice was assessed
in the
9 The Indian monument most visited by foreign
tourists, but not located in Punjab. Out of India and Pakistan, it is a salient
image, typical of Indian sub-continent, although coming from Muslim culture and
not Hindu one.
product. Finally the company opted not to contest and completely surrounded
the trademark registration.
The RiceTec dispute convinced the Government of India, and Pakistan as
well, and many stakeholders of the rice commodity chain about the need to
protect Basmati through GIs system. Thus these actors may have will to agree
the extension of article 23 of TRIPS into products under article 22 regulation
[Chatuverdi, 2002 ; WTO, 2003].
The RiceTec patenting attempt has provoked lot of well documented
publications [Chandola, 2006 ; Lightbourne, 2003 ; Mulik, 2004 ; Nair and
Kumar, 2005 ; Rangnekar, 2005 ; Sarfraz, 2001 ; Sattar, 2005]. The Indian
lawyers, and some Pakistani ones, were likely to be on the front line in order
to contest the patent since 1998. Nowadays, the international patent of RiceTec
Corp. for Basmati is broken, but the national one is still valuable for the US
market. This trial of private patenting natural living resource, cultivated by
small farmers from time immemorial, stimulated the process of GIs protection in
Pakistan.
4 DISCUSSION: THE
FUTURE FOR GI BASMATI RICE
It was found during this overview that, due to the specific organoleptic
qualities of Basmati rice, populated urban domestic and overseas markets are
prone to accept a premium to its price. Basmati rice deals with festive
occasions of eating. Thus it is of paramount importance for both Pakistani
exports and domestic consumption. Punjab province represents 90.5% of overall
Basmati rice production in Pakistan and is documented as its terroir of origin.
However, the growing area is spread out of Punjab since decades, due to
price attractiveness. This rice, sawn out of Punjab from Basmati seeds, doesn’t
offer similar qualities, especially aroma, than Basmati from Punjab. However,
it may be less sensitive to aflatoxin than the genuine variety harvested in the
region of origin. Millers and exporters, closer to the final markets, are
responsive to the demand of rice called Basmati,
not necessarily grown in its region of origin.
The Pakistani regulation for GI considers Basmati as a collective mark. A
mark, even collective, can be produced everywhere, so the IPR of Basmati rice
are not strictly located in the region of origin. Thus, the Basmati commodity
chain seems to be under corporate governance with high competition pressure,
used by traders and some millers to slower the process of GI protection against
the growers’ wishes. The same situation is likely to occur in India 10.
10 Thus, via Basmati Growers
Association vs Rice Exporters Association in Pakistan, and NGO Heritage vs All
India Rice Exporters Association in India, such conflict of interest is likely
to be extended in Ministry of Agriculture vs Ministry of Commerce in both
country.
As two different markets co-exist for Basmati rice, the question of GI
appropriateness raises. The domestic market uses aroma as a means for
authentication of Basmati. Thus the supply for domestic market comes from
Punjab. Domestic market does not need any GI and is price sensitive. The export
market is more prone to look for Basmati name per se than for its intrinsic qualities and is paying more
attention to food safety control. The supply of this export market partly comes
from Punjab and also from other cropping areas offering a less aromatic and
more toxin-free rice than Basmati from Punjab. The export market is less price
sensitive but needs authentication of Basmati rice and possibly an indication
of provenance from Indian sub-continent.
Actual Basmati market is apparently efficient, although always facing to
shortage. The split is leading to rather satisfactory regulation for both
domestic and export markets, with some communicating doors. They both
accommodate with shortage by high price and conspicuous consumption. However,
the very high level of Basmati price is attractive for stakeholders of this
specific commodity chain. Some players seem to adopt opportunist
behaviours. Cropping Basmati variety out
of Punjab is usual, blending polished long grain from other varieties with
Basmati is also proved, collusion between brokers leading to higher price is
noticed and attempt to patent Basmati by private company occurred recently.
These different actions provoke a claim for identification of region of origin,
push importers into a clearer code of practice, and create a need for market
regulation by Government, leading to protection scheme
of common living resource.
Thus, the threat of making Basmati rice a generic resource or a private
one is real. The arrival of a new player will destabilize the Basmati commodity
chain as it was shown during the RiceTec attempt of private patenting Basmati
rice. Nonetheless, the registration of a Geographical Indication, will probably
increase Basmati market shortages due to strict delimitation of growing area.
It is questionable whether the Punjabi farmers’ interests, and those of rice
growers in the Indian sub-continent, should have to be unsettled by the stated
interest of European consumers for a GI Basmati
from Punjab.
The will of Punjabi farmers and Basmati stakeholders to work together and
better organize their commodity chain should be better taken into account, once
clearer expressed. Up to now only the Governments’ voices seem to be audible,
despite that the privatisation of rice trade was achieved since the 1990s in
both countries. However, the need of protection is clearly documented for
Basmati rice. The question is: What is the most convenient way, Geographical
Indication or Seed Patent according to Intellectual Property Rights?
A seed patent will protect Basmati lines and will allow Basmati to be
grown in enlarged area, for sure. It will lead Punjabi rice growers to
disappear or to switch to other crop, as the local
yields are low and toxins risk, even minor, is still present. This will
also bring higher production available on market with expected prices dropping.
The DNA variety control will be a key issue, as new varieties will be
introduced and probably some GM ones.
A Geographical Indication will not mislead export market but will enhance
price pressure on domestic market. Basmati rice production will be limited to
the harvest originating from Punjab. Present crop areas out of Punjab will
probably move to other long grain varieties, still valuable rice production.
The need of variety control will be very high as the inflated prices will be
very attractive. The yields improvement will be a key issue, encouraging the
development of new lines which does not fully comply with GI regulation. Market
release of GM Basmati might be tried despite the present unanimous declared rejection.
In case of Geographical Indication, the issue of the territorial
delineation becomes crucial. The historical Punjab is wider than the two
present Pakistani and Indian ones. However, the Himalayan foothills, where
Basmati rice is originating from, do not fit exactly with the historical
Punjab. In both case, the historical Punjab or the two present ones, the
question of join application for GI is still pending for the Pakistani and
Indian Governments. According to present state of join discussion, and due to
strong resentment on each side of borderline, the join application will be a
big challenge.
4.1
Implementation of the
DPSR model
Summarizing, the future for Basmati rice as a GI candidate will depend on
the implementation of the DPSR model (Driving forces – Pressures – State – Responses).
Driving forces: Importance of sanitary issues
(Aflatoxins), Huge increase of the demand (Europe, Asia), Competition between
different norms (Seed Act, Trademark Ordinance)
Pressures: Usurpation / frauds (blending other varieties),
Enforcement problems, Missing or contradictory policies.
State: Heterogeneity of specific quality identifiers (variety
cross-breeding vs area cropping), Difficult appropriation of the GI concept at
different levels, Failure of initiative groups, Conflicts between branding and
GI initiatives, Weakness of institutional coordination (IPO vs MINFAL).
Responses: Implementation of new legal provision (collective trade
mark), Code of practices improvement, Certification improvement (third party),
Implementation of GI regulation at domestic and international level (Possible joint
application India + Pakistan).
These optimistic statements need strong conditions to be encountered,
whereas market stakeholders and trade driving forces are leading to a more
fuzzy situation full-trade oriented.
4.2
Possible scenarios for Basmati rice as a GI candidate
CONVERGENCE DIVERGENCE PLURALITY
How is it sustaining the scenario
Power
GI trajectory
Impact on sustainable development
Congruence between India & Pakistan in GI debate
Basmati forms the benchmark for the development
of a sui generis system
Power to the cross-breeding seeds institutes and companies
Growers taking the initiative Traditional market
for Diaspora New market opportunities in EU
A credible GI would also give power to the consumers
Can lead to a Basmati GI
Flagship for national initiative in both India & Pakistan
Example for other products (Hunza apricot, Darjeeling tea,...)
Water management becomes more important. Increased
importance of Seed Act
Value adding at local level
No value in the GI –
the sceptics are convinced right
Branding strategies
Other IP tools becoming more important and supported
Power close to the markets (trade then domestic)
Power to traders & millers
Proliferation of private quality standards
Enhancement of the quality controls Exports of blended continue
Weak or absent GI Proliferation of trademarks
Proliferation of production GMs (?)
Consumers confusion
Trademarks IPRs more important
Supply chain management based on ethnic trust
Value adding taking place downstream
Several seeds categories emerge (traditional pure lines, novel lines)
Several market segments appear (domestic, trade Muslim, trade EU)
The importance of a quality standard coming to the
fore Range of IP tools being developed and supported
Power close to the markets (trade then domestic)
Power to traders & millers
Weakened quality standards (meta-norms)
Domestic registration Branding strategies for
trade
Registration abroad according to the available IP
tools New entrance of GMs for sure
GI as collective trademark: growers
Large companies private & strong brands for
export Rent extraction at Trademark level
Potential for limited value adding for export at
local level
CONCLUSION
Finally rice “Basmati from Punjab” is a key issue for GIs regime
recognition within TRIPS agreement. This should lead to consider Punjab in its
historical dimension. It implies a better collaboration with India which is a
major player on Basmati export and regional markets. This way will increase the
chance of success for a join application for GI “Basmati rice from Punjab”.
Separate application of Basmati from Pakistan and/or Basmati from India will
probably facilitate in future an application of Basmati from any place like
Texas or Nepal. This potential threat
should be considered consequently, as Basmati growing area may move since the
water supply in Punjab will suffer of announced melting of Himalayan glaciers
from 2050. However, global warming is supposed to hamper rice world wide
production as yields would dip 10% for every 1º C increase in minimum
temperature during the growing season [Basmati on-line, 2007]. Thus the
competitive position of Basmati among other rice varieties may not change,
despite probable more frequent shortages. An other possibility would be to
present GI application for “Basmati from Indus” in order to avoid any political
and religious turbulence linked to relationships between Indian Punjab and its
neighbour states in India. This may probably facilitate the GI application.
However, “Punjab” benefits from a very good unaided recall among consumers,
when thinking about Basmati. Further research works may explore the Indian side
of this case study, before synthesizing Pakistan and India “Basmati from
Punjab” cases.
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DNA:
Desoxyribo Nucleic Acid
FAO: Food and Agriculture Organisation GI:
Geographical Indication
GM:
Genetically modified
IPO: Intellectual Property Organisation of Pakistan
IPR: Intellectual property rights
IRRI:
International Rice Research Institute
MINFAL: Ministry of Food, Agriculture and
Livestock of Pakistan NWFP: North West Frontier Province
PKR:
Pakistani Rupee
TRIPS: Trade-Related Aspects on Intellectual
Property Rights USPTO: United States Patent and Trademark Office
ANNEXES
Annex
1 List of met persons
Dr. Syed Wajid H. PIRZADA,
Ministry of Food Agriculture and Livestock, WTO Unit, Chief WTO, Islamabad wajidpirzada_rootspakistan@yahoo.com
Mr. Hamid MALHI, Basmati Growers Association,
Lahore, hamid_malhi100@yahoo.com
Mr.
TAHIR Yasin, DG, Mr. Muhammad ISMAIL, Assistant Dir., IPO Intellectual Property
Organisation Pakistan, Islamabad, info@ipo.gov.pk, shismail_pkd@yahoo.com
Dr RIAZ Ahmad MANN, National
Agricultural Research Centre, Coordinator Rice Wheat Programme, Islamabad, riazmann5@gmail.com
Mrs Aaisha MAKHDUM, Ministry
of Food Agriculture and Livestock, IPR coordinator, WTO office, Islamabad, sowtoip@hotmail.com
Dr. Iftikhar AHMAD KHAN,
University of Agriculture of Faisalabad, Dean, deanagriuaf@yahoo.com Dr. Ahmad NIAZ RAI, University of Agriculture,
Principal officer Dpt of Estate Management, Water
Management
Research Centre, Faisalabad, niazrai@yahoo.com
Pr Dr. Mustafa KHALID,
University of Agriculture, Dept. of Marketing & Agribusiness, Chairman,
Faisalabad, drkmustafa@hotmail.com
Dr Muhammad SIDDIQUE JAVED,
University of Agriculture, Department of Agri Economics, Chairman, Faisalabad, siddique_javed@uaf.edu.pk
Dr. Masood SADIQ BUTT,
University of Agriculture, Institute of Food Science & Technology,
Faisalabad, drmsbutt@yahoo.com
Dr. Muhammad SIDDIQUE,
University of Agriculture, Director external linkages, Department of Vet
Microbiology, Faisalabad, profdrmsiddiqueuaf@hotmail.com
Dr. Muhammad ASGHAR CHEEMA,
University of Agriculture, Faculty of Agricultural Economic & Rural
Sociology, Faisalabad, Dean, asgharcheema@yahoo.com
Mr. BADAR Hammar, University of Agriculture
Faisalabad, Dept. of Marketing & Agribusiness, hammadbadar@hotmail.com
Dr.
MOHY-UD-DIN Qamar, Lok Sanjh Foundation, Dir. Policy, Research & Advocacy,
Faisalabad Mr. Mushtaq AHMAD, Rice Research Institute, Director, Kala Shah
Kaku,
director_rriksk@hotmail.com
Mr Ali Malik SHAHZAD, GUARD
Agricultural Research & Services Private Ltd, Chief executive, Lahore, shahzad@guardrice.com
Mr G.M. AVESI, GUARD Ltd, Chief R&D, rice@nexlinx.net.pk
Dr. Sonia DARRACQ, French
Embassy Pakistan, Scientific and Higher Education Attaché, Islamabad, sonia.darracq@diplomatie.gouv.fr
Mr. Saud BANGASH, French
Embassy Pakistan, Agro-Food commercial counsellor, Islamabad, saud.bangash@missioneco.org
Annex 2 Timetable
SINER-GI
Basmati case study Mission
in Pakistan 2007 Pr. Georges
Giraud ENITA
Clermont, France
|
|
Wed
25 April
|
Thu
26 April
|
Fri
27 April
|
Sat
28 April
|
Sun
29 April
|
|
am
|
Journey
Clermont-Fd
- Paris Paris - Doha
Doha - Islamabad
|
Islamabad
National
Agricultural Research Centre Wheat & Rice Programme
|
Islamabad
Ministry
of Food, Agriculture & Livestock WTO wing
|
Islamabad
Ministry
of Food, Agriculture & Livestock
IPR section
|
Journey
to Faisalabad
|
|
pm
|
Islamabad
French
Embassy Scientific attaché
Agro-Food
Commercial Counsellor
|
Islamabad
Non working
|
Islamabad
IPO Pakistan
|
Faisalabad
Non working
|
|
|
Mon 30 April
|
Tue
01 May
|
Wed 02 May
|
Thu 03 May
|
Fri 04 May
|
|
am
|
Faisalabad
|
|
Lahore
|
Kala Shah Kaku
|
Journey
|
|
University
of Agriculture
|
Journey
to Lahore
|
Basmati Growers Association
|
Rice
Research Institute
|
Lahore
- Doha
|
|
pm
|
Faisalabad
|
|
Lahore
|
Lahore
|
Doha - Paris
|
|
Lok
Sanjh Foundation NGO
|
Lahore
Non working
|
Farmers Associates of Pakistan
|
Guard Rice Mills
Rice Exporters Association
Pakistan
|
Paris
- Clermont-Fd
|
Annex 3 List
of Pakistani contacts
|
Name
|
Organisation
|
Position
|
@-mail
|
Mail address
|
Phone
|
|
Dr. Syed Wajid H. PIRZADA
|
MINFAL
WTO Unit
|
Chief WTO
|
wajidpirzada_rootspakistan@yahoo.com
wajidpeer@yahoo;com
|
38-W, A-Bloc, Khalid Plaza,
3rd floor,
Jinnah Avenue, Islamabad
|
T 92-51-9206470 / 1
F 920 6472
|
|
Mr. Hamid MALHI
|
Basmati Growers Association
Farmers Associates of
Pakistan
|
Director
|
hamid_malhi100@yahoo.com fapsvision@yahoo.com
|
5/45
Habib Ullah Rd, Lahore
|
+92-42-6303373
+92-300-4368022
|
|
Mr. TAHIR Yasin
Mr. Muhammad ISMAIL
|
IPO Intellectual Property Organisation
Pakistan
|
DG
Assistant
Dir.
|
E-mail : info@ipo.gov.pk
Site
Internet : www.ipo.gov.pk
shismail_pkd@yahoo.com
|
No.23, st.87, Attaturk Avenue west Sector G
6/3 Islamabad
|
T +92 51 9208146 / 47
P
+92 300 5040720
F
92 51 9208157
P+92 300 5352949
|
|
Dr RIAZ Ahmad MANN
|
National Agricultural
Research Centre
|
Coordinator Rice Wheat
Programme
|
riazmann5@gmail.com Ricewheat@isb.paknet.com.pk
|
Park
Road Islamabad
|
T+92-51-9255364 F+92-51-9255034
P+92 300-9772335
|
|
Mrs Aaisha MAKHDUM
|
Ministry of Agriculture
|
IPR coordinator
WTO office
|
sowtoip@hotmail.com
|
B Block, office 329
Pak Secretariat, Islamabad
|
T +92 51 920 1779
M +92 333 522 9515
|
|
Dr Amjad ZAFAR
|
MINFAL WTO Unit
|
Research officer
|
aamjadzafar@hotmail.com
|
|
|
|
Pr Dr. Ahmad BASHIR
|
University of Agriculture
|
Vice Chancellor
|
bashirah@fsd.comsats.net.pk
vc@uaf.edu.pk
|
Faisalabad
|
|
|
Dr. Iftikhar AHMAD KHAN
|
University
of Agriculture
|
Dean
|
deanagriuaf@yahoo.com
|
Faculty
of Agriculture
University
of Agriculture, Faislabad
|
T+92 41 9200161-170
F+92
41 9201083
P+92
41 2634199
Mob. 0300-6649610
|
|
Dr. Ahmad NIAZ RAI
|
University of Agriculture
|
Principal officer Dpt of
Estate Management
Water Management Research Centre
|
niazrai@yahoo.com
|
Department of Estate Management University
of Agriculture, Faisalabad
|
T+92 41 9200201
T+92
41 9201108
T+92
41 9200161-70
P+92
41 2649858
Mob. 0300-7236447
|
|
Pr Dr. Mustafa KHALID
|
Dept. of Marketing &
Agribusiness
|
Chairman
|
drkmustafa@hotmail.com
|
Faisalabad
|
+9200161-69/ 2814
|
|
Dr Muhammad SIDDIQUE
JAVED
|
University of Agriculture
|
Chairman
|
siddique_javed@uaf.edu.pk
|
Department of Agri Economics
University of Agriculture, Faisalabad
|
T+92 41 9200161-70
|
|
Dr. Masood SADIQ BUTT
|
University of Agriculture
Faisalabad
|
PhD, Associate professor
|
drmsbutt@yahoo.com
|
Institute of Food science & Technology
|
T+92 41 300 6622 685
T+92 41 9200161-70/3017
|
|
Dr. Muhammad SIDDIQUE
|
University of Agriculture
|
Director external linkages
|
profdrmsiddiqueuaf@hotmail.com
|
Department of Vet
Microbiology
University of Agriculture,
Faisalabad 38040
|
T+92 41 9200161-9
|
|
Dr. Muhammad ASGHAR
CHEEMA
|
University of Agriculture
|
Dean
|
asgharcheema@yahoo.com
|
Faculty of Agricultural
Economic & Rural Sociology
University of Agriculture,
Faisalabad
|
T+92 41 9200196
T+92 41 9200161-70/2800
|
|
Mr. BADAR Hammar
|
Dept. of Marketing &
Agribusiness
|
Lecturer
|
hammadbadar@hotmail.com hammad_badar@yahoo.com
http://www.hbadar.4t.com/
|
University
of Agriculture Faisalabad
|
T+92-41-9200161, Ext. 28414
M+92-300-6622661
|
|
Dr. MOHY-UD-DIN Qamar
|
Lok Sanjh Foundation
(Local cooperation)
|
Dir. Policy, Research &
Advocacy
UAF retired
|
|
P-308, <St 5/7, Hamza
Block, Green view Colony,
Rajewala, Faisalabad
|
T+92 41 261 0382
|
|
Mr. Mushtaq AHMAD
|
Rice
Research Institute
|
Director
|
director_rriksk@hotmail.com
|
Government of the Punjab Agriculture
department Rice Research Institute
Kala Shah Kaku, Lahore,
39030
|
T+92 42 7980368
F+92
42 7980361
P+92
42 7982399
|
|
Mr Ali Malik SHAHZAD
|
GUARD Agricultural Research
& Services Private Ltd
|
Chief
executive
|
shahzad@guardrice.com www.guardrice.com
|
GUARD Agricultural Research
& Services Private Ltd 80 Badami Bagh, PO Box 465, Lahore
|
T+92 42 111 007 444
F+92
42 7722627
|
|
Mr G. M. AVESI
|
GUARD Agricultural Research
& Services Private Ltd
|
Chief
R&D
|
rice@nexlinx.net.pk www.guardrice.com
|
GUARD Agricultural Research
& Services Private Ltd 8th KM Raiwind Road, Lahore
|
T+92 42 111 007 555
F+92
42 53220563
|
|
Mr. Inayattulah KHAN
|
Ministry of Agriculture
|
Rice Commissioner
|
|
Islamabad
|
+92 51 920 1270
|
Annex 4 List
of European contacts
|
DR. Sonia DARRACQ
|
French Embassy
Pakistan
|
Attachée scientifique &
Enseignement Supérieur
|
sonia.darracq@diplomatie.gouv.fr
|
Constitution Av. Diplomatic
Enclave G/5
PO Box 1068 Islamabad
|
T+92 51 201 15 35
F+92 51 201 15 30
|
|
Mr. Saud BANGASH
|
French Embassy Pakistan PEE
|
Attaché sectoriel Agro-alimentaire,
Environnement, Nouvelles
Technologies
|
saud.bangash@missioneco.org http://www.dree.org/pakistan
|
Constitution Av. Diplomatic
Enclave G/5 PO Box 1078 Islamabad
|
T + 92 51 201 15 15
F+92
51 201 15 00
|
|
Dr. DELCELLO
|
Ente Nazionale Risi
|
|
|
|
0039-02-8855111
|
|
PETCHAME Jordi
|
DG Agri
|
riz
|
Jordi.Petchame-Ballabriga@ec.europa.eu
|
|
|
|
YOUNG Trevor
|
Manchester Univ.
|
Professor
|
trevor.young@manchester.ac.uk
|
The supply response of
basmati rice growers in Punjab, Pakistan: price and non-price
determinants, June 2001,
JID vol 13-2, 227-237 with U. Farooq, N. Russell, M. Iqbal
|
|
SARL BENOIT
|
riz
de Camargue
|
PGI France
|
http://www.riz-canavere.camargue.fr/ riz-canavere@camargue.fr
|
riz de Canavere SARL BENOIT
Ch. de Mérieux - Quartier
d'Espeyran 30800 SAINT-GILLES
|
T. 04 66 87 10 03
F
04 66 87 06 17
|
|
Dr Antonio COLOM GORGUES
|
Lleida
University
|
Pr. Agro-Food Marketing
& Management
|
antonio.colom@aegern.udl.es http://www.udl.es/usuaris/a4084487
|
Technological University Institute of
Agrarian Engineering
177, Av Rovira Roure, 25198
LLEIDA
|
T +34 973
702812
F
+34 973 238264
|
|
|
Arroz de Valencia
|
PGI Spain
|
|
Unión Provincial de
Cooperativas del Campo de
Valencia
|
|
|
|
Arroz del Delta del Ebro
|
PGI Spain
|
|
|
|
|
|
Riso Vialone Nano
Veronese
|
PGI Italy
|
|
|
|
Annex 5 First
written quotation of Basmati rice, 1767
Source: Shah, 1767, chapter 16
33
