Geographical Indication registration process in India: Folksmarket.com

India is a vast country with immensely rich traditions. It is innate to the soul of India that its folks have been utilizing the Earth to make life of fellow folks useful. In the process, Indians have truly developed their skill so much that it had taken a form of a full-fledged industry which was appreciated by the world over. 

However with the modernization knocking the door and traditional way of production start replacing by the machine, the life of millions of such folks reached to a cross-road.

The human hands can’t match the pace of the machine.

At the same time, this tradition remained their identity for centuries, how can they just let it go?

Then came the realization of the limitation of the machine and its monotonous effect, not to talk of the environmental deterioration. The people at different corner of the world once again found themselves appreciating the folks skill and folks traditions. But then the dark side of the human greediness came. People knowing well the appreciation of the different crafts start selling their own lower grade products under the disguise. This is the precise reason why many times the sale of Darjeeling Tea registered more than its actual production.

This spoofing is a double-edged sword. On the one hand, it snatched the ethical right of the people of different geography from their right of livelihood and on the other hand, it also brings a sense of the disappointment among its connoisseurs for their inability to appreciate the original product as they have experienced the spoofed product.

The Uruguay round of WTO was the harbinger of bringing a mechanism world over to prevent such anomaly in the market. 

For the sake of our readers, organization, we are trying to simplifythe registration process of Indian GI Act.

 As per TRIPS Agreement 1994, “Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”

The GI Act contains a system of registration. Registration is prima facie evidence of validity. While the initial registration is for a period of ten years, it may subsequently be renewed. A GI may be registered under more than one class of goods.

Commensurate with the TRIPS Agreement, the Government of India has drafted their own GI Act: The Geographical Indications of Goods (Registration and Protection) Act (GI Act), 2003

How Geographical Indications product are registered in India

(This section owe a lot to a paper published by Mr Kasturi, Fellow, Center for WTO titled 'Social Economic Impication of GI' )

Section 11(2) of the GI Act specifies the documentation requirements for applying for a GI in India. Section 32(1) of the GI Rules replicates these provisions and in addition stipulates a few more documentation requirements that include, among other things, the following:

• A statement as to how the GI serves to designate the goods as originating from the concerned geographical territory in respect of specific quality, reputation or other characteristics that are due exclusively or essentially to the geographical environment, with its inherent natural and human factors; and the production, processing or preparation of which takes place in such geographical location;

• The geographical map of the territory concerned;

• The particulars regarding the appearance of the GI as to whether it is comprised of the words or figurative elements or both;

• An affidavit as to how the applicant claims to represent the interest of the association of persons or producers or any organization or authority established by or under any law;

• The standards benchmark for the use of the GI or the industry standard as regards the production, exploitation, making or manufacture of the goods having specific quality, reputation, or other characteristic of such goods that is essentially attributable to its geographical origin with the detailed description of the human creativity involved, if any, or other characteristic from the definite geographical territory;

• The particulars of the mechanism to ensure that the standards, quality, integrity and consistency or other special characteristic in respect of the goods to which the GI relates, which are maintained by the producers, makers or manufacturers of the goods, as the case may be;

• The particulars of special human skill involved or the uniqueness of the geographical environment or other inherent characteristics associated with the GI to which the application relates;

• The particulars of the inspection structure, if any, to regulate the use of the GI in respect of the goods for which application is made in the definite territory, region or locality mentioned in the application. 

 Upon receipt of an application, it is scrutinized by the examiners and in case any deficiencies are found, a notice is sent to the applicant to rectify them. After rectification, the applicant is required to send her reply within one month from the date of receipt of the notice. The next stage is the constitution of a Consultative Group of technical experts, chaired by the Registrar, to ascertain the correctness or otherwise of the particulars furnished in the application. Subsequent to examination, the Registrar may refuse the application altogether or may accept it either absolutely or subject to certain conditions, modifications, etc. Accordingly, on the basis of the comments provided by the Consultative Group, an Examination Report is issued by the Registrar. 

Compliance, if any, is to be done within two months from the date of communication of the Examination Report to the applicant. 

Once the objections raised in the Examination Report are satisfactorily responded to by the applicant, and the application is accordingly accepted by the GI Registry, it is advertized in the GI Journal, which is a bi‐monthly, bi‐lingual (English and Hindi33) statutory publication. Upon advertisement, any person may, within a specified time period (generally 3 months, but if needed 4 months), oppose the application in writing. If the application passes through the specified time period unopposed, or in the event of an opposition,if it is decided in favour of the applicant, the Registrar is required to register the concerned GI as well as the authorized users and include the particulars in the GI Register.34 Upon registration of a GI, the Registrar is required to issue each to the applicant and the authorized users a certificate sealed with the seal of the GI Registry.

Notably, the date of filing of the application is deemed to be the date of registration.

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 19^th 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.