The Agricultural and Processed Food Products Export Development Authority (Amendment) Bill, 2008

The Agricultural and Processed Food Products Export Development Authority (Amendment) Bill, 2008 was introduced on December 22, 2008 in the Lok Sabha. This Bill replaces the Agricultural and Processed Food Products Export Development Authority (Amendment) Ordinance, 2008, which was promulgated on October 13, 2008.  The Ordinance lapsed on November 27, 2008.  The Bill was passed by the Lok Sabha on December 23, 2008 and is pending in the Rajya Sabha.

The Agricultural and Processed Food Products Export Development Authority Act, 1985 established the Agricultural and Processed Food Products Export Development Authority (APEDA) to undertake measures for the development and promotion of export of specified food products.

The Bill amends the 1985 Act to provide for the protection of intellectual property rights of a new category of agricultural products.  

APEDA is authorised to undertake prescribed measures for registration and protection of intellectual property rights of “special products” within and outside India.

“Intellectual property” is defined as any right to intangible property such as trade marks, designs, patents, geographical indications, etc.

The Act has a schedule of agricultural and processed food products such as fruits, vegetables and meat. The Bill adds another schedule of “special products”, which is defined as any agricultural or processed food product included in the specified Schedule.  This Schedule consists of “basmati rice”.  The central government may add or omit any product from the two schedules.