A Kenyan rice importer has won a legal battle against an Indian government agency seeking to block it from using the term “Basmati” on its rice brands.
The Court of Appeal in Nairobi has dismissed an appeal by the Agricultural and Processed Food Products Export Development Authority (APEDA) of India, which had challenged a High Court decision allowing Krish Commodities Limited to register six trademarks bearing the word “Basmati.”
APEDA had argued that “Basmati” was a geographical indication (GI) exclusive to certain regions in India and Pakistan, and that Krish’s use of the word in Kenya could mislead consumers into believing the rice originated from those areas.
A geographical indication refers to a name used on products that come from a specific region and have qualities or reputation linked to that origin.
However, the appellate bench composed of Justices Wanjiru Karanja, Aggrey Muchelule, and Joel Ngugi agreed with the High Court’s earlier ruling delivered in April 2017.
They upheld the Registrar of Trade Marks’ decision to allow Krish Commodities to continue using the contested trademarks, which include Wali Basmati Rice, Rouz Basmati Rice, Pilau Basmati Rice, Nawab Basmati Rice, Rajah Basmati Rice, and Al-Hannan Basmati Rice.
“We conclude that the respondent’s (Krish Commodities) registrations of composite marks incorporating ‘Basmati’ were not prohibited under Kenyan law, and that the Registrar and the High Court correctly so found,” the judges stated.
The court said APEDA had failed to provide sufficient proof that the use of the word “Basmati” by Krish Commodities would mislead Kenyan consumers or imply the rice was sourced from India or Pakistan.
The judges further noted that although “Basmati” may be recognised as a geographical indication under Article 22 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Section 40A of the Trade Marks Act, it has not been formally acknowledged or registered as one in Kenya.
By affirming the High Court’s decision, the Court of Appeal effectively granted Krish Commodities the legal right to use “Basmati” as part of its brand names for rice sold in Kenya, ending a years-long dispute between the Indian agency and the Kenyan importer.