Geographical Indicators in West Bengal

Submitted by: Arman 2010/B.A.LL.B/012

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Table of Contents
Introduction ......................................................................................................................................... 3 Research Question .............................................................................................................................. 5 Tentative Chapterization .................................................................................................................... 6 Chapter 1: Basic requirements for registering Geographical Indication, and its importance in developing countries ................................................................................................................... 6 Chapter 2: Case study ...................................................................................................................... 6 Chapter 3: The Final Verdict ......................................................................................................... 6 Bibliography ......................................................................................................................................... 7 Articles Referred: ............................................................................................................................. 7 Books Referred: ............................................................................................................................... 7 Statutes Referred: ............................................................................................................................. 7 Websites Referred: ........................................................................................................................... 7

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Introduction

Protection of Geographical Indication (GI) has, over the years, emerged as one of the most contentious IPR (Intellectual Property Rights) issues in the realm of the WTOs Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS defines GI as indications that identify a product as originating from the territory of a State that is party to the Agreement, or from a region or from a place located in the territory, if a specific quality, reputation, or other characteristics of the product is essentially attributable to its geographical origin.1 Further geographical indication (GI) gives exclusive right to a region (town, province or country) to use a name for a product with certain characteristics that corresponds to their specific location. At the international level, TRIPS sets out minimum standards of protection that WTO members are bound to comply with in their respective national legislations. India has come up with a sui generis system of protection for GI with enactment of a law exclusively dealing with protection of GIs. The legislations which concern GIs in India are The Geographical Indications of Goods (Registration &Protection) Act, 1999 (GI Act), and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 (GI Rules). India has enacted its GI legislations for the country to keep the national intellectual property laws in compliance with Indias obligations under TRIPS. Under the purview of the GI Act, which came into force, along with the GI Rules, with effect from 15 September 2003, the central government has established the Geographical Indications Registry with all-India jurisdiction, at Chennai, where right-holders can register their GI.2 A geographical indication is a sign used on products that possess a particular geographic origin coalesced with certain essential qualities which have come from the traditional knowledge of the place. This is used to classify goods irrespective of them being natural, agricultural or manufactured, from a particular region having some specific feature, characteristic based upon the unique climatic and locational features. For example Cheese to be called Stilton must:
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Be made only in the 3 countries-Leicestershire, Derbyshire& Nottinghamshire, from local milk which has been pasteurized before use Be made only in traditional cylindrical shape Be allowed to form its own crust or coat Be un-pressed

<www.wto.org documents legal texts trips>, accessed on 14.8.2012 Sudhir Ravindran and Ms. Arya Mathew, The Protection of Geographical Indication in India Case Study on Darjeeling Tea, International Prpperty Index, 2009 report
2Dr.

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Have delicate blue veins radiating from its centre Have taste profile similar to that of Stilton3

Before moving further with the paper the rationale behind registering geographical indicators has to be understood. Geographic names and other terms which are associated with a certain product and a certain region have much economic value for both the producer and consumer. The former exploits the product while the latter has a certain fetish for the particular product and thus makes her/his choice on the basis of such indications. Geographical indications and designations of origin protect:

The interests of entrepreneurs producing the goods having the particular GI, thereby indicating the origin and the authenticity of the product. The competitors of the entrepreneurs who do not have the legitimate rights on the product without such a protection could take to unfair trade practices and thereby resulting in loss of revenue for the original right holders The consumers are saved from the treachery of buying a fake product, in the name of the original one. This saves the goodwill of the product as the chances of producing fake ones are reduced to a large extent if not in totality

In the context of the theme of the paper where the researcher is working on Geographical Indicators in West Bengal, a state of India which is a developing country, the economic value of the GIs, for the local people is very important. TRIPS largely by the instigation of the European Commission and certain EU states have been promoting GIs as a concession to developing countries. It is very plausible when one considers that GIs are especially appropriate for the produce of small scale producers and cultivators, as GIs are not only available for food and beverages, but also on handicrafts and other hand-made items.4 Developing countries like India are rich in traditional knowledge and this is acts as a huge potential for them to exploit lucrative markets of natural products. This helps also boost the staggering economy in these regions.

3 4

Graham Duffield, Uma Suthersanen, Global Intellectual Property Law,( Edward Elgar, 2008) 193 W Moran, Rural Space as Intellectual Property, Political Geography, 12(3), 263-77, 1993

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Research Question

How useful has been the geographical indicators in state West Bengal in a developing country like India? Would it be of any benefit to have registered other potential items as GI in the same state?

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Tentative Chapterization

Chapter 1: Basic requirements for registering Geographical Indication, and its importance in developing countries
1.1 Basics for registering a GI: This section talks about the basic requirement a good requires to posses before it can be applied for a Geographical indicator, in India. Here also the procedures and precautions to be taken in this regard will be discussed 1.2 Geographical Indicators in developing countries: This section talks in brief about how important a Geographical indicator is in a developing country, and how it can be exploited by the foreign imperialistic countries

Chapter 2: Case study

2.1 Baluchuri Sarees[ A registered GI] This section will study in detail the path of Baluchuri Sarees from being a local handicraft in the village surrounding Baluchur in Murshidabad District, to it becoming one of the most coveted handicraft items of its class, not only in Bengal but also in the country and world-wide. 2.2 Shaktigarhs Langcha or Leddy-Kenny

This part of the paper will show the importance, the uniqueness and the characteristics specific of this sweet dish to be qualified as a registered GI.

Chapter 3: The Final Verdict

Geographical Indicators in developing countries: A Boon or Bane At the end the researcher would analyze with respect to the above mentioned goods, whether registering these goods as GI has actually helped them as per the needs of a developing country, or is it just a honorary tag being attached to the good, which like all other goods everywhere in the world is being exploited by the imperialistic first world countries.

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Bibliography

Articles Referred:
Dr. Ravindran Sudhir and Ms. Mathew Arya The Protection of Geographical Indication in India Case Study on Darjeeling Tea, International Prpperty Index, 2009 report Jena Pradyut, Grote Ulrike, Changing Institutions to Protect Regional Heritage: A Case for Geographical Indications in the Indian Agrifood Sector Das Kasturi, Socio-economic Implications of Protecting Geographical Indications in India, Centre For WTO Studies, Aug 2009 Khawas Vimal , Status of tea garden labourers in eastern Himalaya: a case of Darjeeling tea industry, MTN Journal, 2009

Books Referred:
Duffield Graham, Suthersanen Uma, Global Intellectual Property Law, (Edward Elgar 2008) Moran W, Rural Space as Intellectual Property, (Political Geography, 1993) Jus. Narayana P, Intellectual Property Law, (Gogia Law Agency, 2009)

Statutes Referred:
The Geographical Indications of Goods (Registration &Protection) Act, 1999 Geographical Indications of Goods (Registration and Protection) Rules, 2002

Websites Referred:
West Bengal A Cultural Heritage http://www.ibef.org/download/West_Bengal_271211.pdf, accessed on 14th Aug, 2012. Specific rules regarding Geographical Indicators http://www.innovaccess.eu/documents/ES_Geographical_Indication_2_0000006292_00.x ml.html# ,accessed on 14th Aug, 2012. http://ipindia.nic.in/girindia/, accessed on 14th Aug, 2012. Traditional Knowledge & Geographical Indications http://www.iprcommission.org/papers/pdfs/final_report/ch4final.pdf, accessed on 14th Aug, 2012. Geographical Indications http://www.auilr.org/pdf/19/19-5-4.pdf, accessed on 14th Aug, 2012.

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