Curious case of British 'Balti'

So you thought patent wars were only fought over pharmaceutical products? After the Americans unsuccessfully tried to patent Basmati rice as their own discovery, it’s the turn of the British to claim parenthood for two sub-continental dishes – Chicken Tikka Masala and Balti Dishes.

Dish Story: Recently an MP from the UK sought European Union protection in the form of a protected designation of origin for Chicken Tikka Masala, which, he claims, is a “Glasgow Recipe”, created in the city’s Shish Mahal restaurant in the 1970s. In a separate case, the Birmingham City Council is seeking protection (by applying for a Geographical Indication) for ‘Balti’ dishes.

In the former case, the restaurant owner Ahmed Aslam Ali claims he “invented” the dish. Ali says chicken tikka in its original form is a dry preparation whereas he made it in a gravy base! The Birmingham City Council may have a stronger case since the use of ‘Balti’ for food items may have originated here. Birmingham is also known as the Balti Triangle.

Curry Cause: This brings us to the central issue: can anyone seek legal protection for a recipe? According to experts, while there may be case to seek a “process patent protection” for a new method of cooking, but trying to pin down a recipe to a city is far-fetched. “It may lead to a situation when the owner of such a protection (for Chicken Tikka Masala or Balti Dishes) can prevent others from cooking or serving the dishes. Imagine someone claiming protection for French-fries, just because they are made in a certain way in a certain country,” says Latha R. Nair, Partner, K&S Partners.