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Geographical Indication Or Global Irritation? Nothing Official About GI Tags

From the ubiquitous rosogolla to the Basmati rice, from Mysore silk to Kolhapuri chappals, how India's GI law is completely messed up

Geographical Indication Or Global Irritation? Nothing Official About GI Tags
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 Multi-Label

  • Rosogolla West Bengal, Odisha
  • Kolhapuri Chappal Karnataka, Maharashtra
  • Araku Valley Arabic Coffee Andhra, Odisha
  • Basmati Punjab, Haryana, Himachal Pradesh, Delhi, Uttarakhand, Uttar Pradesh, J&K
  • Nagpur Orange Maharashtra, Madhya Pradesh
  • Warli Painting Maharashtra, Gujarat, Daman and Diu
  • Phulkari Punjab, Haryana, Rajasthan
  • Allepey Green Cardamom Kerala, Tamil Nadu
  • Malabar Pepper Kerala, Karnataka, Tamil Nadu

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A book바카라™s cover indicates little about the merits of what lies bey­ond it, and we are exhorted, ever anon, about the utter vac­uity inherent in a name. Yet, look at the alchemy triggered in our minds at the merest mention of the words 바카라˜Champagne바카라™, 바카라˜Tequila바카라™, 바카라˜Cognac바카라™, 바카라˜Scotch바카라™ and 바카라˜Napa Valley바카라™ wine. Enormous prestige accrued through centuries of experience and craftsmanship has earned these liquors바카라”the real thing, brewed in situ바카라”the cachet they command globally.

This traditional renown that products of unimpeachable quality enjoy has been bolstered by formal Geographical Indi­cation (GI) tags바카라”a form of intellectual property (IP) protection based on geography and tradition key to preserving a country바카라™s natural resources and cultural heritage, as expressed in products with unique means of production. GI was a European idea, meant to give recognition and ensure monetary benefits for artisans and craftsmen, along with farmers and traditional manufacturers.

Instituted by the World Trade Organi­sation (WTO), GI identifies a product as originating from a particular place and whose quality, reputation or other cha­racteristics are attributable to its geography. The tag was developed to protect consumers from fake products and producers from resorting to lower prices, as it provides producers/manufacturers control over production and sale of these original products.

Indian producers are still learning to explore these ideas in their fullest and are battling to reap the benefits of our art, heritage and food that could bring us on the international trade canvas. Even with our GI regime being over 15 years, with GIs for 330 Indian products like rosogolla (the sweet that triggered a bitter tussle between West Bengal and Odisha, and both states were awarded GI tags a year apart), Basmati rice, Navara rice, Kol­hapuri chappal, Mysore silk, Phul­kari,  and Odisha ikkat, the gains, for all stakeholders, are still modest. The meagre takings are due to lack of clarity, failure of product custodians to understand their value, liberally doling out GIs and the failure of government departments. The result is friction among communities with similar, competing products.

A case in point is Kerala바카라™s famous Navara rice, known for its medicinal properties. The granting of a GI for this rice variety in 2007 to Navara Rice Farmers바카라™ Society has incensed other growers of the crop in Kerala and Tamil Nadu. However, only farmers associated with the Society can sell their produce as 바카라˜Navara rice바카라™.

Sridhar, from Kerala-based NGO Thanal, which works with farmers on sustainable agriculture, says, 바카라œNobody has evidence on the historical origin of Navara rice. Besides, you cannot grant GI on seeds, because with migration, seeds also migrate and adapt to local ecology with genetic changes.바카라 He calls for more clarity in GI laws.

As if to obviate this, GIs for phulkari, the exquisite style of embroidery, has been given to three states바카라”Punjab, Haryana and Rajasthan바카라”in 2005. The Punjab Industrial Export Corporation, backed by Punjab State Council for Science and Technology (which helps in apply for the tag), was the recipient. PSCIST executive director J.K. Arora explains: 바카라œThe reason we allowed GI for three states is because artisans, mainly women, have migrated to areas like Ambala (Haryana) and Ganganagar (Rajasthan) after marriage and we didn바카라™t want to de-recognise them about art passed on to them by mothers, grandmothers and great-grandmothers.바카라

Such sagacious judgement is an aberration: India바카라™s GI regime is riven with inner conflicts. Legal and IP expert Prashant Reddy says, 바카라œIndia바카라™s GI law is messed-up. Iro­nically, instead of creating value for these products, the law is creating tension between communities. Besides, it is also stripping entire communities of artisans of the right to call their products by their traditional names.바카라 He questions the rationale behind giving GIs to institutions that are neither producers, cultivators or custodians of the products or the manufacturing process.

Geographical Indication Registry deputy registrar C.G. Naidu defends the decisions. 바카라œIndian states were divided linguistically, not geographically. So when we are processing a GI application we try to find facts and after experts vet them, decisions are taken,바카라 he says. The process, he adds, is transparent and protocol is followed asking for objections.

Yet, such objections and applications are restricted to GI-specific, English-language journals바카라”the man on his loom, if you like, will never know about them. Sridhar says rival producers came to know of the Navara rice GI grant after it was too late to protest.

In a GI-related litigation in 2012, the judge suggested framing a law requiring mandatory declaration akin to the publication of notice under Section 4 of the Land Acquisition Act 1894. As few artisans know English, GI-related news must be published in a local language.

In India, GIs are provided for 10 years and need to be renewed. Glaringly, many GIs being provided in India are to government organisations and departments, not to communities that are custodians of those products.

For example: Nagpur oranges are characterised by a unique sweet-sour gradient of flavour and has a matchless aroma바카라”the result of a unique acid-­sugar blend not found in any other ora­nge. The GI for Nagpur oranges has been given to Dr Panjabrao Deshmukh Krishi Vidyapeeth. Its vice-chancellor V.M. Bhale says, 바카라œThe university applied for the GI because we acted as a custodian, helping farmers as they don바카라™t have the skills and money to get into the nitty-gritty of GIs.바카라 He adds that anybody from Vidarbha who wanted a GI should appr­oach the university; which would make a decision based on their assessment.
Naidu defends the practice of giving GIs to government institutions: 바카라œIt바카라™s because they have finance, manpower and legal expertise to understand intricac­­ies.바카라 When GIs are countered overseas, he stresses, only such institutions can protect Indian interests, not farmers.

In a cut-throat world of GI claims and counter-claims, Naidu has a powerful case. But have we failed our traditional communities바카라”who have kept the heritage alive, after all바카라”by failing to emp­ower them to a level where they control the destiny of their products? If farmers in the EU and the US can get a premium for their GI products, why not Indians?

Actually, government bodies could easily have empowered local communities by backing them to apply as applicants, thus making them better informed. The vast agricultural universities network across India could have been played an important role. Such communities, to reiterate, are the act­ual and rightful inheritors of traditions. Also, India has no data to assess how GIs have helped Indian communities after years of the GI regime, in terms of prosperity and growth of exports.

Legal and IP expert Shalini Bhutani says, 바카라œThe National IPR Policy (2016) makes the generation of IPRs (including GIs) an end in itself. Yet the issues in the implementation of India바카라™s GI regime need to be addressed to make it meaningful for local communities, though the GI act was not originally about them. Secondly, GIs can create intra-community rifts because natural and agricultural goods do not know political boundaries. The vetting process has to accommodate that, while making consultation with local communities part of the procedure. The GI Act was legislated as per a WTO prescription. And India needs to have a clear strategy on how to carry on the imposed legacy of GIs at an international level.바카라

India바카라™s GI legacy started with Darjeeling tea. A tea estate owner says, 바카라œThe GI tag was a good step for the Darjeeling tea industry as it helps check authenticity. However, the GI tag didn바카라™t impact business much, because the government didn바카라™t make strong efforts, like EU and the US do for their premium products.바카라 Over 80 per cent of French champagne and cognac, he offers by way of example, have GI tags, with the government바카라™s active promotion. Our Centre and state governments fail to learn from these examples, he laments.

Indeed, most of India바카라™s unique products, prized around the world, are not backed by financial resources and legal astuteness that only big corporates can muster. Only with the state바카라™s help can our oranges be stamped by the unquestioned imprimatur of a GI tag.

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