Basmati rice is a defined term in the UK with a strict technical specification and legally-established trading goodwill. In 2017 an EU trademark application was made to use “Basmati” on a rice variety that does not meet this specification. The application was supported by the EU Intellectual Property Office. The application was opposed by a UK rice importer acting as a proxy for the Indian government export agency (because the Indian government has no direct recourse to the EU courts). The case is still ongoing and is now complicated by the fact that – since EU exit – it could also be argued that the UK proxy has no recourse to the EU courts.
The EU Advocate General has just ruled that the objectors have a valid case and that they still have recourse to the EU courts. The case can proceed to the Courts of Justice.
Read the analysis by the legal team acting for the Indian government’s representative here.
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