June 04, 2012

Geographical Indications and Handloom and Handicrafts




Sajad Ahmed, a handsome young weaver from Kanihama, West Kashmir valley, is one of (almost extinct) weaver class who make Jamawar shawls. Jamawar shawls are rare shawl made in Kashmir. It is still made with Kani (weaving stick). For a single weft sometimes more than 50 kani is used. Such intricate is the design that it takes the entire day to weave just one inch in a 48-inch width!! The fine art renders it difficult to know the back and front side of the shawl.

But all is not well with Jamawar and for that matter many crafts of our country. Our discussion with Sajad brought us to the ground realities of such a heritage. Now a day’s lots of Jamawar shawls are available in market. But the lamenting fact is not the flood of shawls, but claiming by almost all the manufacturer as their product being original and authentic.

The Kashmiri Jamawar has as many as 250 colors. But due to lack of the artistic appreciation many fake Jamawar coming from the power looms are also sold as Jamawar. This is very frustrating to those handloom weavers who fears for their tradition and livelihood. Not only this, the Pashmina wool used in Jamwar is also replaced with Chinese wool and brought into the market as Jamawar. Such scenario calls for the action, the protection and more important  promotion of Jamawar as only hand made and not the machine made shawls

The idea of Geographical Indications thus brings a ray of hope for millions of such crafters.
One of the best and most accepted agreements took place in Uruguay Round of WTO, 1994, was the introduction of Geographical Indications, GI in short. 

The term Geographical Indication (GI) is a new term though the concept is pretty old.  By its definition, a Geographical Indication is a name, could be sign, used in a product that corresponds to a specific territory or origin. Under GI, a product and its attributes are linked to a specific region. For example, Champagne from Champagne district of France, Scotch whisky from Scotland, “FLORIDA” for Oranges, “IDAHO” for Potatoes, “VIDALIA” for Onions, “WASHINGTON STATES” for apples, Bukhara Carpets, Switch Watches etc. Geographical Indication serves the same function as trademarks, because they identify the source, guarantees the quality and valuable business interest.

Any noun or adjective (need not necessarily be a geographic name) that designates geographical location would tend to be regarded by buyers as descriptive of the geographical location of origin of goods.

Backdrop and Important Provisions

Though GI is much recent terms, came in existence after the Uruguay Round of WTO, 1994, yet such type of industrial practice is found at least since the beginning of 19th century. The concept of “Appellation of Origin (AOA)”, ”Indication of Source (IOS)”, ”Designations of Origin ”, “Protected Geographical Indications” “Indications of Geographical Origin (IGO)” are closely related concepts since pre-industrial times. 

However these different related concepts fell short of ever changing business scenarios and also fail to protect the interest of the producer group. The key socio-economic issues related to GI (more relevant to developing countries) like misappropriations, protecting traditional knowledge, improving market access, protection of reputations etc, can’t all be addressed with treaties or acts existed prior to 1994.
TRIPS Agreement incorporates provisions for protection of GIs in three articles:

Article 22 contains a definition of GIs and sets out the general standards of protection that must be available to all GIs;

Article 23 deals with the additional protection granted to GIs for wines and spirits; and

Article 24 lays out certain exceptions and also creates room for future negotiations in GIs.

Socio Economic Implications

GIs can be granted to an individual, a family, a partnership, a corporation, a voluntary association etc or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods.

It protects and benefits the traditions at the same time providing allowance for its evolution over the period of time. Indian Geographical Indications protect the product for an initial 10 year period with subsequent increase of 10 year term after the expiration. However it ceases to be in force if the registration is not done with 6 months of the expiration tenure. 

Empirical evidence suggests that people in European countries are willing to spend 10% premium if the source of the product (handloom, handicraft, agricultural goods etc) is guaranteed by the sellers. This is remarkable generosity on the part of the folks

Another eye opening fact is that more Darjeeling Tea or Antiguan Coffee is sold than produced!!!. The above facts definitely indicate that there is a market for genuine fabric and products

Promotion of such genuine products having certain characteristics could be of considerable importance for the rural economy, in particular to less-advantageous and remote areas, at least by two ways:

  • Premium price of the protected products, and
  • Barriers for producers who spoof and fake the items as original.

GI, thus, allows the genuine folks to thrive on their creations and indigenous skills.

-- Tuscan Olive Oil from Italy is registering premium sales ever since it registered in the year 1998.
-- Bordeaux wine with ‘Pomerol’ designations commanded a premium $15 per bottle.

There are many such cases. However the fact that premium sales actually benefit the original producer group is something which is heavily dependent on the effective enforcement of these laws. 

Indian GI Scenario

It is heartening to know that unlike other 6 Trade Related Intellectual Property Rights (TRIPS) Agreement of WTO, GI is received favourably by Indian and other developing countries. 

In India 'The Geographical Indications of Goods (Registration and Protection) Act, 1999' (GI Act) was enacted in compliance with India's obligations under TRIPS at the WTO. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (Act 48 of 1999) came into force with effect from 15 September 2003.

The Indian GI Act defines “Geographical Indications in relation to goods as an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country or a region or a locality in that territory where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in the case of manufactured goods where one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.” (Source GI Registry Office, Chennai, India)

The Indian Act serves three key objectives:

n  Protect the interest of GI user groups and add prosperity to these goods
n  Protect the consumer from deception
n  Promote good bearing GI marks in international market.

Darjeeling Tea is the first product protected under GI. The need was felt when it was discovered that more Darjeeling Tea was being sold in the international market than produced. The Tea Board of India initiated the process and it was done quickly and smoothly because of timely intervention.

A striking feature of Indian GIs is the variety of product categories to which they belong. These include textiles, handicrafts,paintings, agricultural products, horticultural products, beverages, among others. This is in sharp contrast with the European scenario, where GIs predominantly relate to wines and spirits, or other food and agricultural products

Till 2010, 120 numbers of products were able to bag the GI tags. Though the study indicates that there are at least 1500 products which have the potential to get registered as GIs

India’s famous GIs

Banarasi silks             Pashmina shawls           Kashmir carpets
Basmati rice              Darjeeling tea                Assam tea
Bengal Cotton          Alphonso Mangoes   Pochampalli Ikat, tie dye
Chanderi silk             Hyderabad pearls     Kerala Nendran bananas
Jaipur silver jewellery  Nilgiri tea                   Coorg coffee
Mysore sandalproducts   Mysore Silk             Malabar pepper
Kancheepuram silks      Lonawala chikis       Nilgiri tea
Coir products from Kerala    Cardamom from Kerala
Nagpuroranges       Phulkari embroidery work  Aranmula mirrors

Significance for Folksmarket.com

The presence of laws like GI is also a bright hope for us at Folksmarket.com. One of our well wisher and buyer stated that Folksmarket.com is by the folks, for the folks and of the folks. The vision of the Folksmarket.com can not be summarized more beautiful than this. We have begun our journey to preserve these rich traditions of the crafters and weavers. We must strive for more and more skills to be protected by the GI. The GI, definitely, has given the folks a reason to celebrate.

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