India’s TRIPS Bid for Basmati Tag Rejected in NZ, Kenya

20-Nov-2025 08:54 PM

New Delhi. Although India had applied for exclusive marketing rights protection for Basmati rice in New Zealand and Kenya, citing the World Trade Organization's (WTO) Trade-Related Intellectual Property Rights (TRIPS) pact, the courts in both countries rejected it.

In separate rulings, the courts stated that the TRIPS package cannot be included in the claim until it satisfies the applicable laws and regulations in those countries. Since the TRIPS package is not in accordance with applicable laws in New Zealand and Kenya, it cannot be used to grant a GI tag for Basmati.

The High Court of New Zealand and the Court of Appeal of Kenya rejected India's claim. The claim was filed by the Agricultural and Processed Food Products Export Development Authority (APEDA), an authority under the Indian Ministry of Commerce.

APEDA had applied for special trademark recognition for its Basmati rice in New Zealand and Kenya, but its application was not accepted there.

India exports large quantities of premium quality Basmati rice to various countries around the world, including the Gulf region, the European Union, and the United States.

APEDA argued that Basmati rice is a unique product of India and therefore deserves trademark recognition.