Saps, Juices & Extracts - IPRs in India
Protect your work using IPR protection and enjoy the benefits of ownership over your creativity. Register for IPR protection through a hassle-free process.
With a historical record dating back to over 8000 BCE where groups of grape pits were discovered, a freshly prepared, salubrious glass of fruit juice is yet to be substituted by a more healthier alternative ! Fruit juices can take on many forms, including a natural-style cloudy product, a “nectar”- type product containing suspended solids, a fully clarified juice, juice concentrate, and fruit drinks
Giving it a substantial platform, the year 2021 is declared as ‘The International Year of Fruits and Vegetables (IYFV)’, by the United Nations (UN) General Assembly, to raise the awareness regarding nutritional health and benefits of fruits as well as vegetables. A new market study published by Global Industry Analysts Inc., (GIA) estimates that the global market for Fruit and Vegetable Juices earlier estimated at US$172.3 Billion in the year 2020, is projected to reach a revised size of US$193.8 Billion by 2026, growing at a CAGR of 2.1% over the analysis period.
Majority of Indian juice market’s share is captured by Coca-Cola’s Maaza brand and PepsiCo’s Slice. The ever-increasing consumption of fruits and vegetables in the form of industrially refined produce is on an exponential rise. As a result, there is a growing interest in Intellectual Property Protection of fruits, vegetables and the products derived from them. Following are the suitable forms of IPR Protection that can be employed with respect to fruits, vegetables and the products derived from them.
PLANT VARIETY PROTECTION & FARMER’S RIGHTS
Thought the traditionally known plant varieties cannot be protected by Patents in India, a new variety, obtained with painstaking research in the fields or in the laboratories, is entitled to get IPR protection, under the plant variety protection or plant breeder’s rights. In India, the Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001 is a sui generis system that intends to establish an effective system for protection of plant varieties and the rights of plant breeders and farmers. Under this Act, the new plant variety can be registered if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. Indian Council of Agricultural Research (ICAR), is one of the breeders having many varieties registered under PPVFR Act.
Recently, Shrikishan Suman (55 years), a farmer from Kota, Rajasthan, has developed an innovative mango variety which is a regular and round-the-year dwarf variety of mango called Sadabahar, which is resistant to most major diseases and common mango disorders. The Sadabahar variety is in the process of being registered under the Protection of Plant Variety and Farmers Right Act.
PATENTS
The inventions related to the products related to fruits or vegetables can be applied for patent protection including the composition or ingredients of the product, the process by which the product is made, or the machinery used for the process.
However, a major hurdle is that of Section 3€ of Indian Patent Act, 1970 which states that a substance obtained by mere admixture resulting only in the aggregation of the properties of the components; and a process to obtain such product will not be considered as invention. However, the technology to make the products or to carry out the process can be protected by way of patents. Such technology includes devices, apparatus, machinery or system, which must satisfy the criteria of novelty, inventive step and industrial applicability. The data at Indian Patent Filing Office suggests that the majority of the patents related to fruit juices and vegetables have been majorly filed by Coca-Cola, PepsiCo, Jagadale Industries, the CSIR, etc. Currently, there are around 30 published patent applications regarding ‘juices’ filed before the Indian Patent Office.
Earlier in 2021, India’s National Biodiversity Authority (NBA) approved the application of Sri Venkateswara University’s Department of Science and Technology – Promotion of University Research and Scientific Excellence (DST-PURSE) Centre for the process of manufacturing blended fruit squash with prickly pear.
TRADEMARK
With respect to fruits and vegetables juices, the Company’s mark is protection by Trademark for any sign or combination of signs that will help the consumers to identify and distinguish that particular good from the others. The pattern of signs include visual, audible, olfactory (smell) or any other sign which can be identified by human senses. Class 32 specifically provides for the goods related to fruits and vegetables juices that can be registered in India for trademark protection.
GEOGRAPHICAL INDICATIONS
The GI tag for the product is registered in the name group of producers or association of the producers. Hence, every fruits / vegetable grower in the place of origin can use and enforce the GI tag for the product. The key is that GI tag not only acknowledges the place of origin, but also certifies the quality of the product as a direct result of the place of origin. This is in contrast with the ‘indication source’ which merely acknowledges the place as the product’s origin.
Recently, Manipur state’s Tamenglong Orange and Rajasthan state’s Fazli mangoes have been granted GI tag.
The Ministry of Food Processing, Govt. of India is aiming to provide better cold storage facilities and transportation systems for perishable items, such as fruits, so that farmers can grow them in abundance and make the fruit industry grow multi-fold in future. With 100% Foreign Direct Investment (FDI) allowed, the fruits and vegetables juices industry is about to experience a major boost in terms of productivity and market.