ICFAI LAW SCHOOL, IFHE, HYDERABAD

Presents
SHRI NJ YASASWY MEMORIAL 10th MOOT COURT COMPETITION, 2025
29th - 31st AUGUST 2025

MOOT PROPOSITION I

1.​ The Republic of Indica, a common law country which is a subcontinent, has varied
geographical and climatic conditions. The Republic of Indica is a developing nation having a
diversified population spread over plains, hilly areas as well as mountain terrain. The
government of Republic of Indica wanted to industrialise with modern technology so as to
develop and enhance the economic growth of the nation.​

2.​ AgroGenX Pvt. Ltd. is a biotechnology company incorporated in Brahmaputra Pradesh, a

northeastern state in the Republic of Indica. It is engaged in agricultural innovation,
particularly in genetic modification of high-value crops. In 2022, it developed a genetically
modified chilli variety named “NagaX+” designed to thrive in lowland tropical climates
while retaining high levels of pungency and yield. The company also registered their
legitimate innovation of the genetically modified chilli “NagaX+” under the Protection of
Plant Varieties and Farmers Rights Act, 2001. The company soon began commercial
cultivation of NagaX+ and launched it in the domestic and international markets, branding it
as “inspired by the legendary Naga Fire Chilli of Nagaria.”​

3.​ Nagaria, a neighbouring State of Brahmaputra Pradesh, is home to indigenous tribes who
have cultivated the traditional “Naga Fire Chilli (bhut jolokia)” for generations. In 2008, the
Nagaria Tribal Farmers Cooperative (herein referred as NTFC) obtained registration of
“Naga Fire Chilli” as a Geographical Indication (GI) under the Geographical Indications of
Goods (Registration and Protection) Act, 1999. This GI registration covers chillies grown in
the high-altitude tribal regions of Nagaria using traditional methods. The product is also an
important symbol of Nagarian cultural identity and economic livelihood.​
4.​ AgroGenX launched NagaX+ using aggressive marketing techniques that included packaging
with traditional Naga patterns, warrior motifs, and testimonials allegedly praising the
authenticity of the chilli. One particular campaign featured a well-known Nagarian tribal chef
purportedly endorsing NagaX+. It was later revealed that the footage used was from a
documentary, and the chef publicly disassociated from the campaign, claiming
misrepresentation.​

5.​ NTFC accused AgroGenX of infringing upon the GI rights of the registered “Naga Fire
Chilli” by misleading the public into associating NagaX+ with the GI-protected product.
NTFC further alleged that the marketing campaign constituted unfair trade practices, passing
off, and cultural misappropriation of Nagarian tribal identity.​

6.​ NTFC also raised concerns about the livelihood of the tribal farmers who depend on the
cultivation of genuine chilli in the GI region of Nagaria. NTFC also alleged and accused
AgroGenX of creating market confusion by marketing and selling of their product chilli
variety NagaX+, and also having a huge economic impact on the tribals.​

7.​ AgroGenX refuted the allegations, claiming that NagaX+ is a novel variety developed
independently through biotechnology. The company emphasized that it had not used the GI
term “Naga Fire Chilli” directly on its packaging, nor claimed geographical origin from
Nagaria. AgroGenX argued that the word “Naga” is descriptive of the heat profile and not
exclusive to the GI holder.​

8.​ Mr. Shubro Tamang is the popular leader of Development Association of Nagaria, a
nonprofitable NGO working with a motto to protect the interest and skills of the tribal
farmers has protested by rallies, public awakening through press & social media and has
created a huge uproar in the region. Mr. Shubro Tamang approached and appraised the
Ministry of Commerce and Industry about this issue. Based on the application made by Mr.
Shubro Tamang, the Ministry of Commerce and Industry issued a notification clarifying that
 GI protection applies only to goods originating within the defined geographical region, but
left ambiguity regarding indirect associations and use of cultural elements. Aggrieved by this
notification, NTFC moved the High Court of Nagaria, which granted a temporary stay on the
export of chilli variety NagaX+ pending adjudication. AgroGenX challenged this order in the
Supreme Court of Indica, asserting violation of its right to trade under Article 19(1)(g) of the
Constitution.​

9.​ Being not satisfied, Mr Shubro Tamang of Development Association of Nagaria, a nonprofit
NGO and other cultural rights groups filed public interest litigations before the Supreme
Court of Indica claiming that the unauthorized use of tribal symbols and motifs in NagaX+
campaigns violated the dignity and intellectual heritage of the Nagarian tribes. They pleaded
that the legal recognition of cultural expression and traditional knowledge under the GI
framework of the tribal farmers is at stake.​

10.​The Supreme Court of Indica heard the petitions filed by AgroGenX, Development
Association of Nagaria and other cultural rights groups and clubbed the petitions and framed
the following substantial questions of law as issues:
a.​ Whether the use of cultural elements and indirect references in product branding
constitutes infringement under the Geographical Indications of Goods
(Registration and Protection) Act, 1999.
b.​ Whether a genetically modified product developed outside the GI region but
marketed with allusions to the GI-protected good amounts to misrepresentation
and unfair competition.
c.​ Whether cultural identity, traditional knowledge, and community symbols can be
protected within or alongside the GI regime.
d.​ Whether the registration of a genetically modified variety under the Protection of
Plant Varieties and Farmers' Rights Act, 2001 can override or conflict with
existing GI rights.
e.​ Whether the right to trade under Article 19(1)(g) of the Constitution of Indica can
 be restricted in the interest of protecting GI rights and cultural heritage.

Note: For the purpose of this moot problem --

1.​ The Constitution of Indica adopts the Constitution of India verbatim and all the
provisions of the Constitution of India are incorporated as the provisions of Indican
Constitution.
2.​ The powers and the jurisdiction of the Supreme Court of Indica are the same as the
powers and the jurisdiction of the Supreme Court of India.
3.​ All the laws referred to in the present proposition are in pari materia with the laws of
India.

Disclaimer:

The facts stated in the present case are fictitious and have been drafted solely for the purpose of
the competition. The facts, names, locations and dates bear no resemblance to any person, event
or happening whether dead or alive. Any resemblance, if any, is purely coincidental. This
problem does not intend to hurt the feelings of any section of society or to offend any person.

The moot teams are expected to draft their pleadings on behalf of both the petitioner and the
respondent. The issues are given herein and the teams are at liberty to frame any additional
issue(s) or sub issues.

The Teams can also submit their compendium along with their pleadings.