25 Dec

who won the rasgulla case

In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods. WIPO CASE provides a platform to share information with regards to search and examination reports among participating local intellectual property (IP) offices. ! Only if these GI registration helps them in fetching a premium price for their versions of Rasogolla/Rasagola, thereby, improving their socio-economic condition, it can be considered a true win. 5 Texas A&M makes last CFP case in 34-13 win over Vols. Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I. India on TRIPS Waiver: Will WTO Pass the Test of Humanity? If possible, share your sweet feedback with me. However, in its original application to the GI, West Bengal had sought the GI tag on what they call it as "Banglar Rasogolla" (Bengal's Rasgulla). The GI registration office is based in Chennai. Besides this, the formality check report (see the document numbered 20 here) given by the GI Registry asked the applicant to show the uniqueness of the ‘Banglar Rasogolla’ along with comparison or differences with other Rasogolla (prepared in other Places of India) but in the reply given to the formality check report, the applicant was not able to properly (see the document numbered 13 here) distinguish the uniqueness of the Banglar Rasogolla to other Rasogollas of other places. CNN Opinion asked commentators to weigh in on who performed best at the vice presidential debate -- and what moments stood out to them the most. Why has this debate become so animated? Choose a state to learn more about how its citizen tend to vote in presidential elections. Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction? It was reported that Bengal won the dormant fight between Odisha and Bengal on who would own the famous sweet. Such use misleads the consumer as to the origin of the good; uses GI in a manner that constitutes an act of unfair competition and passing off in respect of registered GI. Update 17. President Donald Trump defeated Joe Biden in the popular vote of all of those states, but one of Nebraska's electoral votes was won by Biden. What is prohibited is the usage of the word ‘Banglar Rasogolla’ and ‘Odisha Rasagola’ by anyone other than the ‘authorised user’ under the law. I-WIN’s First Virtual National IPR Moot Court Competition 2020 [August 7 – 9], Lexstructor’s Live Webinar on ‘Impact of COVID-19 on Patent Laws in India and the Trade Related Aspects on Potential Drugs’ [June 28], Prof. (Dr.) Shamnad Basheer – Publications & Public Interest Interventions, A Report on India’s Top IP Developments of 2019, India’s First Covid-19 IP Dispute? Has the Rasgulla GI Debate Missed the Wood for the Trees? After which you can manually add the contents to the article. A GI tag is a sort of intellectual property identifier recognising the origin of a product. Bengal, Odisha battle for rasgulla likely to take a bitter, legal turn Bengal minister says will file case to declare sweetmeat originated in his state and not in Odisha Smooth & delicate basic mouthfeel is the characteristics of Banglar Rasogolla whereas Other Rasogolla is found to have rough & chewy features. It may succeed or it may not. GI is an indication identifying a good as originating in a particular country, region or locality of that country. It may succeed or it may not. The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic? Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Learn more. In the case dismissed Tuesday, challengers contended that state officials had no right under the Pennsylvania Constitution to expand mail-in voting in … The hummus trade, for example, is worth over a billion dollars annually. In the 36 days that followed, Americans learned Gore had won the popular vote by 543,895 votes. Jupi is an Assistant Professor at the Faculty of Law, University of Delhi. SpicyIP Weekly Review (November 30- December 6), Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy, Wishful Thinking? On registration of a GI, registered proprietor of the GI and the authorised user or users can file for infringement of GIs. Once granted, the GI tag prevents unauthorised use of the geographical indication and boosts exports by giving it a unique identity. Bengal, Odisha battle for rasgulla likely to take a bitter, legal turn Bengal minister says will file case to declare sweetmeat originated in his state and not in Odisha When Covid-19 Shuttered Cinema Halls! So, it is free for anyone in the trade to continue selling the sweet as Rasogolla/ Rasagola or any other synonym. Bengal vs Odisha: Who will win the Rasogolla battle?. Chief Minister Mamata Banerjee too congratulated statemen on the news, calling it a happy and proud moment. Though i have tried this few times, never had a chance to post this here. In November 2017, West Bengal State Food Processing and Horticulture Development Corporation Limited got the GI registered as ‘Banglar Rasogolla’. The West Bengal government, while referring to 19th century origin of Rasgulla argued that the quintessential Bengali delicacy was created by Nabin Chandra Das, a … Fluid Trademarks: An Alter Ego for Brands? The sweet finds place in almost all sweet stalls throughout the country. A registered geographical indication (GI) is infringed by a person who is not an authorised user but uses such indication in his or her goods that it originated in a geographical territory which is not the true place of origin. For instance, under the Organoleptic features analysis it was mentioned Banglar Rasogolla  has Spongy feature which makes the product unique among all whereas other rasogolla absolutely Lacks spongy Character. won definition: 1. past simple and past participle of win 2. past simple and past participle of win 3. past simple…. Coming to what is a generic word, explanation to section 9 of the GI Act states that “generic names or indications”, in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods. South Korean investment bank Mirae Asset Daewoo Co Ltd and affiliates won a U.S. court case against Anbang Insurance Group, a court document showed, … With Florida in hand, Bush won the Electoral College 271 to 266, while Gore ended up getting 500,000 more votes in the popular vote. India vs Pakistan: Dispute over Basmati’s GI Registration in the European Union, A Copyright Reform Agenda from a Group of Like-Minded IP Teachers, Who Gets Paid for the Music You Listen to? Chief … : Delhi High Court Answers in the Negative. The GI Act under section 9(f) states that GIs which are determined to be generic names shall not be registered as GI. SpicyIP Fellowship 2018-19: Basmati Wars – Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati, Why I Love My Rasogolla Without its GI Tag, LexisNexis Webinar on ‘Understand the Innovation Landscape of Global Video Conference Technology’ [December 23], Call for Papers: NUALS’ Book on ‘Pandemics: Health, Human Rights and Intellectual Property Rights’ [Submit Abstracts by December 20], NFSI Panel Discussion on ‘TRIPS Waiver Proposal – State of Play and the Way Forward’ [December 18], NUJS Online Lecture by Prof. David Nimmer on Google v. Oracle Case [December 23], NLU-D’s DIGITAL (Digital Rights and Inclusive Technology for All) Fellowship 2021 [Apply by December 22], NUJS International Webinar on Trade Secret as a Momentous Asset [December 12], Call for Abstracts: Third IP & Innovation Researchers of Asia Conference [Online; March 24-27], Call for Submissions: NLUJ Centre for Intellectual Property Studies Blog. 'Rasogolla', a dessert, made from ball shaped dumplings of Indian cottage cheese i.e., "channa", is cooked in light syrup which is made of sugar. Decision of the GI Registry. Dr. Anthony Fauci said Thursday that even an effective Covid-19 vaccine won't replace the need for other public health measures, such as wearing a mask, social distancing and washing hands. The battle of Rasagolla (Odia version) and Rosogolla (Bengali version) till date has not come to an end. It was reported that Bengal won the dormant fight between Odisha and Bengal on … I hope this festive season you give this recipe a try. The report added that in the 2016-17 fiscal year, 33 items received GI registrations. Not quite. In West Bengal, confectioner Nobin Chandra Das is widely known as the one, who created Rasgulla in the 1860s. "Sweet news for us all. : Revamping Music and Copyright in India (Part II). Home care guidance. An application for removal of the registration of the GI status was filed in February, 2018 which is still pending. : Revamping Music and Copyright in India (Part I), COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access, What’s Happening with WhiteHatJr? The content won't be restored to the namespace rather, to your sandbox or pages like this Talk:Rasgulla/forked content). - that is and that should... }, { Thanks for this well-rounded post on COVID vaccine and Public Health from the IP/ Patents viewpoint. The Case Tracker allows users to search for information on applications or appeals in the Court of Appeal, Civil Division. Users are also able to search for information on … During the festival of “Niladri Bije", Lord Jagannath offers rasgulla to his disgruntled consort Goddess Laxmi on his return from a nine-day-long Rath Yatra. India has a well developed compulsory licensing... }. Corona and Trademarks: Opportunistic Marketing or Unhealthy Opportunism? The content won't be restored to the namespace rather, to your sandbox or pages like this Talk:Rasgulla/forked content). Kolkata: The bittersweet battle over the origin of the famous Indian sweet, Rasgulla has picked up pace once again, after the Odisha Small Industries Corporation (OSIC) filed a rectification petition demanding that the Geographical Indication (GI) tag of the sweet be changed to ‘Jagannath Rasgulla’.. Ramkrushna Dasmohapatra, the chairman of OSIC confirmed to News18 that he has filed … Thus, so far as the law is concerned, neither of the states has got a monopoly on the word ‘Rasogolla/ Rasagola’. We’re pleased to bring to you an interesting guest post by Jupi Gogoi on the ongoing dispute between West Bengal and Orissa over the GI tag for rasgulla, which we’ve covered on the blog earlier here, here and here. Not to say that... }, { Thanks for your comment - and indeed - it would've been interesting to see what type of responses questions like yours receive. 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