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Intellectual Property Rights Geographical indications: Food stuff SUBMITTED TO: Mr. Aditya Upadhyay SUBMITTED BY: Swati Joshi 3 rd Sem. M.F.M. NIFT Bhopal

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Intellectual Property Rights

Geographical indications: Food

stuff

SUBMITTED TO:

Mr. Aditya Upadhyay

SUBMITTED BY:

Swati Joshi

3rd Sem.

M.F.M. NIFT Bhopal

Geographical Indications (GIs) identify a good as

originating in the territory of a particular country, or

a region or locality in a country, where a given

quality, reputation or other characteristic of the

good is essentially attributable to the physical place

of origin.

The use of a GI may act as a certification that the

product possesses certain qualities, is made according

to traditional methods, or enjoys a certain reputation,

due to its geographical origin.

(From Almora, Uttarakhand)

Bal Mithai is a brown chocolate-like fudge, made with roasted khoya, coated with white

sugar balls, and is a popular sweet from the Himalayan state

of Uttarakhand in India, especially

regions around Almora.

The Khim Singh Mohan Singh Rautela

shop in Almora is famous in the whole

uttarakhand for their distinct Bal mithai

and Singhauri.

BAL MITHAI- ( )

HISTORY OF THE SWEET:-

Over the years, the sweet has

found home in many Kumaoni

stories and folklore, arising from

the milieu of Kumaon, as evident

from the memoirs of noted Hindi

writer, Shivani, wherein she

reminiscences,

the Almora Bazaar, and the lane

filled with smells of locally made

sweets, and the shop of Jogalal

Shah Halwai, who is said to have

invented the sweet, made with milk from nearby Phalsima village, and then wrapped in sugar

dipped posta or Khas khas (Opium poppy) seeds.

Although it is unknown whether it

is ancient.

Over the years, rapid

commercialization and cost-cutting

moves led to local shopkeepers

replacing the original khas khas

sugar balls with plain sugar balls

that look like homeopathic pills.

Even a recent version is completely

devoid of sugar balls, to suit

changing urban and tourist tastes.

POPULARITY

Baal Mithai has long been a specialty of the

Almora district, and neighbouring Kumaon Hills,

along with another local delicacy, Singhauri,

which is another preparation of flavoured khoya,

and comes wrapped in oak leaves.

Today, Baal Mithai, has become a delicacy in many

neighbouring hill stations, like Ranikhet and

Nainital, where an old Shop, in Bara Bazaar still

sells, both the traditional and modern versions of

Baal Mithai, the later being, the same brown fudge

without the white sugar balls.

RECEIPE

Brief: Baal Mithai is made by cooking khoya (evaporated milk cream) with cane sugar, until it

becomes dark brown in color, colloquially called "chocolate" for its color resemblance. This

is allowed to settle and cool, and cut into cubes which are then garnished with small white

sugar balls.

Ingredients

Khoya

Sugar

White Sugar Balls

( ) METHOD:

Cook Khoya on slow fire and stir continuously.

Cook till its colour changes to dark brown.

Add Sugar and cool till it is thick in consistency.

Pour over a greased tray and let it cool.

Cut into rectangular pieces and toss them over

the Sugar Balls.

The Khim Singh Mohan Singh Rautela shop

in Almora is famous in the whole uttarakhand

for their distinct Bal mithai and Singhauri.

TRADITIONAL

PACKAGING

GEOGRAPHICAL INDICATION PROCESS FOR BAL MITHAI

There has been a recent move to make local sweet makers aware of Intellectual Property

Rights, and Geographical Indications Protection (GI Protection) under, ‘The Geographical

Indications of Goods Act, 1999’, which would allow them to patent local delicacies of Baal

Mithai and Singhauri, which are symbolic to the region.

But it is still in process.

REGISTRATION PROCESS:

STEP 1: Filling the application

STEP 2 & 3: Preliminary scrutiny and examination

The Examiner will scrutinize the application for any deficiencies.

The applicant should within one month of the communication in this regard, remedy the

same.

The content of statement of case is assessed by a consultative group of experts will

versed on the subject.

The will ascertain the correctness of particulars furnished.

Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

If the Registrar has any objection to the application, he will communicate such

objection.

The applicant must respond within two months or apply for a hearing.

The decision will be duly communicated. If the applicant wishes to appeal, he may within

one month make a request.

The Registrar is also empowered to withdraw an application, if it is accepted in error,

after giving on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance shall be published in the

Geographical Indications Journal.

STEP 6: Opposition to Registration

Any person can file a notice of opposition within three months (extendable by

another month on request which has to be filed before three months) opposing the

GI application published in the Journal.

The registrar shall serve a copy of the notice on the applicant.

Within two months the applicant shall sent a copy of the counterstatement.

If he does not do this be shall be deemed to have abandoned his application. Where the

counter-statement has been filed, the registrar shall serve a copy on the person giving

the notice of opposition.

Thereafter, both sides will lead their respective evidences by way of affidavit and

supporting documents.

A date for hearing of the case will be fixed thereafter.

STEP 7: Registration

Where an application for a GI has been accepted, the registrar shall register the

geographical indication. If registered the date of filing of the application shall be

deemed to be the date of registration.

The registrar shall issue to the applicant a certificate with the seal of the Geographical

indications registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.

STEP 9: Additional protection to notified goods

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the intellectual

property appellate board (IPAB) within three months.

DHARWAD PEDHA

COMPARISON WITH DHARWAD PEDHA

Dharwad pedha (Kannada: ಧಾರವಾಡ ಪ ೇಡ) is a sweet

delicacy unique to the state of Karnataka, India.

It derives its name from the city ofDharwad in Karnataka.

This sweet's history is around 175 years old.

Dharwad pedha has been accorded Geographical Indication

(GI) tag.

Its GI tag number is 85.

HISTORY

Dharwad Pedha traces its historical origin to Thakur family which migrated from Unnao in

Uttar Pradesh to Dharwad after the dreaded plague broke out there sometime in early 19th

Century.

With meagre funds, Shri. Ram Ratan Singh Thakur (first generation sweet maker) started

making ‘pedhas’ and selling them and gradually, it started becoming popular.

Shri. Ram Ratan Singh Thakur’s grandson, Shri. Babu Singh Thakur, built the reputation of the

‘pedha’ with a missionary zeal. With no time, the ‘pedha’ became so popular that local people

of Dharwad began identifying it by his name and as ‘Line Bazaar Pedha’ (the name of the

street on which the shop is located).

The technique of preparing these ‘pedhas’ however remains a closely guarded trade secret,

known only to the family members of Shri. Babusingh Thakur, as handed down the

generations, by father to son.

Babusingh Thakur had only outlet to sell Pedhas, which were made in limited quantity for

decades. But now few outlets are added.

Apart from this Mishra Pedha's are also popular, as these have more outlets & available

through the day. Mishra has many outlets in twin cities of Dharwad & Hubli. Apart from this

the cities of Bangaluru & Pune have Dharwad Pedha outlets.

Many local sweet shops sell similar pedhas as Dharwadi pedha in Pune.

INGREDIENTS: The ingredients include

milk,

sugar and

Thickened milk.

PREPARATIONS: It is made of milk which is heated and stirred continuously, with added flavor and sugar.

Step 1

STEP 2

STEP 4

STEP 3

When compared with Dharwad Pedha, Bal Mithai of Uttarakhand should also be given the

Geographical Indications, which would allow them to patent the local delicacies of Baal Mithai

and Singhauri, which are symbolic to the region.

Baal Mithai, has become a delicacy in many neighbouring hill stations,

like Ranikhet and Nainital, where an old Shop, in Bara Bazaar still sells, both the traditional

and modern versions of Baal Mithai, the latter being, the same brown fudge without the white

sugar balls.

The closeness to nature comes in the taste of the respective sweet, which add-ons to its

flavor.

REFERENCES

http://en.wikipedia.org/wiki/Bal_Mithai#cite_note-7

http://en.wikipedia.org/wiki/Dharwad_pedha

https://www.google.co.in/search?sourceid=chrome-psyapi2&rlz=1C1CHMO_en-

GBIN577IN577&ion=1&espv=2&ie=UTF-8&q=dharwad%20pedha