If Indian states do not apply for the GI tags for their specialised products for commercial use, other countries can do that
The government has recently granted Geographical Indication (GI) tag to various products, including Gamosa of Assam, Tandur Redgram of Telangana, and an apricot variety of Ladakh. Gamosa, a significant cultural symbol and identity of Assam, has received the Geographical Indication tag from the Central Government.
The Gamosa, a symbol of the culture and identity of Assam, is traditionally a hand-woven rectangular cotton piece of cloth with red borders and different designs and motifs, is offered to elders and guests as a mark of respect and honour. It is similar to ‘Khata’, a silken scarf, presented to guests in Sikkim and Tibetans as a mark of respect. Gamosa tag has been received by Assam after five years of scrutiny by the Controller General of Patents.
A Geographical Indication (appellation of origin) is primarily an agricultural, natural or a manufactured product (handicraft and industrial goods) originating from a definite geographical territory. There is a proper process of registration of GI products, which includes filing of application, preliminary scrutiny and examination, show cause notice, publication in the geographical indications journal, opposition to registration, and registration. Any association of persons, producers, organisation or authority established by or under the law can apply. The applicant must represent the interest of the producers.
Geographical indications are generally related to traditional products, produced by rural communities over generations that have gained a reputation on the markets for their specific qualities. Such a name conveys an assurance of quality and distinctiveness.
Geographical Indications protection is granted through the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation (WTO). On the one hand, it is granted through sui generis law (public law), e.g., in the European Union. In other words, GI protection should apply through ex-officio protection, where authorities may support and get involved in the making of GI collective dimensions together with their corresponding GI regulatory council, where ongoing discourse with the government is implied for effective inspection and quality control.
On the other hand, it is granted through common law. In other words, it is similar to the protection afforded to trademarks as it can be registered through collective trademarks and also through certification marks. A geographical indication is a name or sign used on products, which corresponds to a specific geographical location or origin (e.g. a town, region, or country).
The Controller-General Patents, Designs and Trade Marks who is also the Registrar of Geographical Indications and is based in Chennai to administer this Act. It is a sui generis Act of Parliament for protection of geographical indications in India. This country, as a member of the WTO, enacted the Act to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The GI tag ensures that none other than those registered as authorised users (or at least those residing inside the geographical territory) are allowed to use the popular product name and others have to pay at commercial rates for their use like patents. Darjeeling Tea became the first GI tagged product in India in 2004-05.
The top five states holding maximum number of GIs are Karnataka, Tamil Nadu, Uttar Pradesh, Andhra and Kerala. Recently, the government has supported the promotion of GIs by approving an expenditure of Rs 75 crore for three years for promotion of awareness programmes.
The commerce and Industry ministry said on 13 December that the total number of GI has reached 432. The famous goods, which carry GI tag, include Alphonso Mango from Ratnagiri, Sindhudurg and other adjoining areas in Maharashtra, Basmati rice, Darjeeling Tea, Amritsari fish, Phulkari of Punjab, Chanderi Fabric, Mysore Silk, Kullu Shawl, Kangra Tea, Thanjavur Paintings, Allahabad Surkha, Farrukhabad Prints, Lucknow Zardozi and Kashmir Walnut Wood Carving.
Some other products which have been granted GI tag include Mahabaleshwar Strawberry, Blue Pottery of Jaipur, Banarsi Sarees, Triputi Laddus, Kangra Paintings, Nagpur Oranges, Kashmir Pashmina, Rasagulla of Odisha, Phulkari of Punjab and manufactured goods like Pochampalli Ikat, Kancheepuram Silk, Sholapur chadars Bagh Prints, Madhubani paintings, etc.
Himachal Pradesh can easily get the GI tag for its Kinnaur apples and so on. Other states should also try to get GI tags for their specialised products so that the farmers and other genuine experts get their well-deserved income from their hard work and research. If Indian states do not apply for the GI tags for their specialised products for commercial use, other countries can get the certification as their own products.
(The author is a retired senior professor of international trade)
