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DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

NAME OF THE TOPIC:

GEOGRAPHICAL INDICATION OF THE HANDICRAFTS FROM THE STATE OF

TAMILNADU

NAME OF THE SUBJECT:

INTELLECTUAL PROPERTY RIGHTS

NAME OF THE FACULTY:

Prof. SREE SUDHA Ma’am

Name of the Candidate: Sk. Roshan

Roll No : 2018LLB083
Semester : 5th Semester
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Acknowledgement:

I would sincerely forward my heartfelt appreciation to our respected Intellectual Property

Rights professor, Prof. Sree Sudha Ma’am for giving me a golden opportunity to take up this
project regarding “Geographical Indication Protection of Handicrafts from the State of Tamil
Nadu”. I have tried my best to collect information about the project in various possible ways
to depict clear picture about the given project topic.
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TABLE OF CONTENTS

1. INTRODUCTION……………………………………………………………….04

2. GEOGRAPHICAL INDICATION……………………………………………..04

3. GI TAGS FOR TAMIL NADU PRODUCTS…………………………………...05

a. KARUPPUR KALAMKARI PAINTINGS………………………………….05
b. THANJAVUR PITH WORKS……………………………………………….08
c. KOVAI KORA COTTON SAREES………………………………………….13
d. NACHIARKOIL KUTHVILAKKU( LAMP)……………………………….15
e. THANJAVUR ART PLATE…………………………………………………..19

4. ANSWER TO THE RESEARCH QUESTION…………………………………..20

5. ROLE OF GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION

AND PROTECTION) ACT,1999…………………………………………………21

6. PROTECTION OF GOODS FROM ABUSE……………………………………21

7. JUDICIAL PERSPECTIVES……………………………………………………..22
a. BASMATI RICE CASE……………………………………………………….22
b. DARJEELING TEA CASE……………………………………………………23

8. CONCLUSION……………………………………………………………………..24

9. BIBLIOGRAPHY…………………………………………………………………..25
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INTRODUCTION:

GEOGRAPHICAL INDICATION;

A geographical indication (GI) is an indication, whether in the form of a name or sign, used
on goods that have a specific geographical origin and possesses qualities or a reputation that
are due to the place of origin. Geographical indications are valuable rights, which if not
adequately protected, can be misused by dishonest commercial operators to the detriment of
both the consumers and the legitimate users. As per the (Indian) Geographical Indications of
Goods (Registration and Protection) Act, 1999 "Geographical Indication", in relation to
goods, means 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 locality in that territory, where a given quality, reputation or other characteristic of
such goods is essentially attributable to its geographical origin and in case where such goods
are manufactured goods 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.

Section 2(e) of the Act defines ‘geographical indications’ in relation to goods to mean: “An
indication which identifies such goods as agricultural goods, natural goods or manufactured
goods as originating, or manufactured in the territory of county, or a region or locality in that
territory, where a given quality, reputation or other characteristic of such goods is essentially
attributable to its geographical origin and in case where such goods are manufactured goods
one of the activities of either the production or of processing or preparations of the goods
concerned takes place in such territory, region or locality, as the case may be.

By registering a geographical indication in India, the rights holder can prevent unauthorized
use of the registered geographical indication by others by initiating infringement action by
way of a civil suit or criminal complaint. Registration of the GIs in India is not mandatory as
an unregistered GI can also be enforced by initiating an action of passing off against the
infringer. It is, however, advisable to register the GI as the certificate of registration is prima
facie evidence of its validity and no further proof of the same is required. A Geographical
Indication is registered for a period of 10 years and the registration may be renewed from
time to time for a period of 10 years at a time.
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GEOGRAPHICAL INDICATION TAGS FOR THE TAMIL NADU HANDICRAFTS:

The GI Tags are given as per the Geographical Protection of Goods (Registration and
Protection) Act, 1999. GI Tags are issued by the Geographical Indication Registry under the
Department of Industry Promotion and Internal Trade, Ministry of Commerce and Industry.
The GI tags were given to the State of Tamil Nadu and the handicrafts are:

1. KARUPPUR KALAMKARI PAINTINGS

Conceptually Karuppur Kalamkari paintings were used for decorating palaces and temples.
The Tanjore tradition is different from that of Srikalahasti and Machillipatnam.
Machillipatnam is famous for block printing kalamkaris' and motifs having Persian influence.
Similarly, Srikalahasti's work is largely thematic and narrative. On other hands Karuppur
kalamkari is filled with regional impact and is more similar to motifs employed in
kumbakanom applique. This should not be difficult in view of the rich repertory of source
material available from which inspiration may be draw. To an extent credit should be given to
Sickinaikkenpet artisans who have retained the traditional art form and brought it in notice of
the textiles aficionados who were stupefied at the depth of prevailing kalamkari in the
Sickinaikkenpet region. It was once home to 300 families involved in these complex but
exquisite creations.

Method of production:

The Method of Production has been explained in further detail

Raw Materials / Tools used:

Kalam: Kalam is used to draw outlines of figures and floral designs. These are made from
Bamboo sticks. Though palm leaf is also used as a 'Kalam' or finer details and outlines.
Different types of 'kalams' are used as per the specification of the work (thin lines thick lines)
Process of preparing 'kalam' is stated in following points:

i. The sticks are one inch thick and 9" inches length bits.

ii. These are soaked in water for approximately three days.

iii. Thereafter the lower sides of the sticks are made sharpened and pointed as per
their usage.
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iv. Then it is split into two at the middle of the tip 1-inch length.

v. After the splitting, cotton approximately 2 feet long is wound about one inch
above the divided tip.

vi. The wounded cloth should be tied firmly in the bamboo stick by a thread.

Brushes: Different types of brushes are used. All brushes recollected from date/ palm stems
and cut into 9-inch length. Step wise process for its preparation is stated as follows:

i. These sticks are soaked in water for approximately three days.

ii. Tips of the pieces are crushed till they become soft.
iii. These palm and date sticks are thin and thick in different thickness.
iv. In case of bigger area, coconut crust is used for brushing.
v. The crust is soaked in water for continuously one week.
vi. Then one end of the crusts cut straight to 3 inches.
vii. The cutting edges are softened. After desired result is obtained, they are soaked in
water for one day.

Cloth: Pure cotton cloth is used for kalamkari cloth which is processed further for the art.
Bleaching is done by dipping the cloth piece in 'cow dung' solution. It is squeezed and put in
the same solution for the night. Next day cloth is washed and kept for drying (it should not be
exposed to direct sunlight). Later cloth is dipped in solution consisting milk starch and
gallnut paste. It should be repeatedly squeezed and later both sides of cloth should be
adequately dried (it takes approximately 6 hours for each side under controlled conditions).
Cloth is further softened by beating it with wooden mallet.

Colours: The traditional colours used in the Karuppur Kalamkari Paintings are Black, Red,
Yellow and Blue. They all are made naturally and no synthetic process is involved. Black
colour is extracted from Jaggery and rusted iron pieces which are soaked in a pot with
Gallnut (Kaduka) water. Fermentation is allowed to take place by closing the pot's mouth for
3 weeks. After 3 weeks, black solution developed is kept in a vessel and mixed with starch
solution and use it. Red colour is extracted from different plant varieties. These raw materials
are boiled along with mixture of gallnut powder. It is boiled continuously for half an hour.
Certain percentage of 'alum' (mordents used for improving brightness of colour) is also added
before the colour obtained is mixed with starch. For Yellow Colour Gallnut (Kaduka) and
Turmeric are mixed into form of powder. They are mixed with water and boiled in pot for a
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long time. Later 'Allam' and Gallnut powder is added while boiling and stirred well. After the
solution has been boiled, it is mixed with starch solution. Blue colour is obtained from 'Avuri'
Dlant leaf. Other than these four main colours, other complementary colours are only used
based on requirement, if needed.

Secondary Colour Painting: After drying painting is done of places requiring big brushes
i.e. especially red. Similar process of washing and drying is followed after painting of colour.
Lastly yellow and other complementary colours are painted in the remaining portions of the
painting. Similar process of washing and drying is done after colouring. Final Touches:
Conclusively it is checked and folded in such a way that texture of painting is not affected in
any way.

Karuppur Kalamkari is one of the traditional indigenous craft of Tamil Nadu which has its
origin in the history of Tamil Nadu. Kalamkari artisans has retained its traditional form even
at the cost of losing potential market to block printing, machine printing or even digital
printing. In spite of being laborious and exhaustive value is given to traditional method and
no substitute is employed so as to alter the quality.

GEOGRAPHICAL INDICATION TAG FOR KARUPPUR KALAMKARI

PAINTINGS:

Karuppur Kalamkari paintings work is being promoted by State owned Tamil Nadu
Handicrafts Development Corporation (Pompuhar). They have various centres throughout the
nation. i.e. in New Delhi, Chennai, Bengaluru, Kolkata, Thanjavur, and many more places in
the state of Tamil Nadu. Artisans are encouraged to exhibit their work in these showrooms so
as to attract wider customer base. Artisans are trained and engaged in this business.
Knowledge and skill is passed traditionally from one generation to another through 'Guru-
Shishya' method. Skill full adoption of mastery of techniques by the craftsmen as a result of
churning age old processes which lend tremendous scope for their individual expression.
They are of reasonable price compared to skill and workmanship involved in the making of
such work. Their price varies as per the specifications of the craft and has found a customer
base amongst connoisseurs of textiles hand printing. Karuppur Kalamkari painting is also
used in annual Christian Festival held at Velanganni and also various Islamic Functions such
as annual Kandoori celebrations. Hence it has a wide variety of exclusive design and motifs.
In old Tanjore district, there are so many temples having different types of wall painting in it
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ceilings of the inside roof. These wall paintings are one of the primary inspirations for
artisans in this region.

Application is made by Tamil Nadu Handicrafts Development Corporation for the

registration of Karuppur Kalamkari Paintings in respect of Handicrafts and it is
advertised and accepted under Section-13(1) of Geographical Indications of
Goods( Registration and Protection) Act, 1999.

2. THANJAVUR PITH WORKS

Thanjavur Netti Works (Thanjavur Pith Work) is made from pith. The pith is obtained from
Netti, a hydrophyte plant called as Aeschynomene Aspera. The artisans are skilled in this
particular craft and this art is traditionally and hereditarily transferred from their fore-fathers.
The notable works from Thanjavur Netti Works include models of the Brihadeeshwara
Temple, Hindu Idols, Garlands, door hangings and show pieces used for decoration. The Pith
stems, i.e. hydrophytes are found in and around the Thanjavur region and Mannargudi. The
lakes around Pudukottai (Pudukullam & Kallaperumbur lake) are surrounded with marshy
land which favours the growth of the Hydrophytic plant. The soil found in Thanjavur is
favourable for the growth of the plant that is used for the production of pith handicraft based
in Thanjavur.

Thanjavur Netti works in the Thanjavur district (formerly known as Tanjore) is one of the
primary traditional art forms that have been famous all over the world. Thanjavur and
Kumbakonam (including areas in and around) are two towns in this district that have prolific
artisans and craftsmen who excel in this craft of making artifacts out of pit obtained from
Hydrophyte family Aeschynomene Aspera.

Netti / Sholapith is a variety of weed of hydrophyte plant which is used as raw materials for
developing the artifacts. It is a dried milky white spongy plant material. It is also known as
"kidachi" in Malayalam and "Pent" in Telugu. The biological name of Netti/ Sholapith is
'Aeschynomene indica' or 'Aeschynomene aspera'. The 'netti' is the cortex or core of the plant
and is about 1 ½ inch in diameter.

Aeschynomene Aspera is an aquatic plant which is considered as a minor weed of rice

paddies. The food stored in the stem of this plant forms the Pith. Pith cells lie at the center of
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the stem for the storage of the food. Pith form the core of the plant that grows in water. The
leaf of the hydrophytic plant looks like the leaf of Indian Gooseberry. The flower is yellow in
colour.

They grow on the margins of wetlands, such as lagoons, tanks and lakes as well as in
swampy grassland. It also grows on the river beds in Thanjavur. It is also known as kidachi,
Pent, Netti, etc. with the biological name of' 'Aeschynomene indica' or 'Aeschynomene
asperar. These hydrophytes may also be obtained from small lakes and ponds in the region of
Thanjavur.

Good quality pith is pure white in colour with soft surface and no cracks, while poor quality
pith is one with reddish core and a hard bark and has many nodes. They are very light and
careful handling is required. The pith is a very delicate material and highly brittle in nature.

The distinctness of the Pith artifact remains in the simplicity of its production. The artifact’s
created out of the pith obtained from the hydrophytic plants looks similar to the ones made in
marble and to the ones made in elephant’s tusk. They shine in a very elegant way. However,
products made from the Pith are brittle and break easily, unless kept carefully. Hence, most
models are preserved inside a glass box.

Origin:

Like many other traditional crafts, Thanjavur Netti works had its origin in the ritual and
religious needs of the people. The pith was initially used for making garlands out of slices
beautifully cut into cylindrical and round shapes and then dyed with different colours. Bulls
and buffaloes were garlanded during 'Mattu Pongal', which is celebrated during January or
February i.e. during harvesting season. Mattu Pongal is celebrated very lavishly in the
Tanjore region which was one of the encouraging factors for progress of pith handicrafts.

In addition to this the Netti work is said to have been existed from the Maratha period as
stated in the Tanjore Gazette. Documented records about Tanjore (as it was then called) gives
out 'pith' as an important industry for making of pith images and garlands, which was carried
on by 'Nayudus', 'Marathas' and 'Musalmams' of that region. Record states that business
flourished during that time. The pith was obtained from near Tanjore or Mannargudi. They
were cut with long sharp knives into wafers which were curled and pinned into the shapes of
beautiful white flowers or figures and decorated with glided metal. Customer base was very
wide i.e. customers were from all over the Madras presidency (as it was then called). The rich
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heritage and historically significant spots in Tanjore has also been a motivating factor for
such rare and precious art forms to flourish.

Further, Gazette records of 1907 also states that, Pith work as an important industry and its
product was known to be used in 'Mattu Pongal' festival. Hence origin of pith works is an
age-old tradition.

Tools

Tools used are simple and doesn't involve any chemicals or environment harming substance.
They are stated as follows:

i. Sola Pith Plant (Netti): Used to make the miniature art piece.

ii. Long Knife (Kathi): Used to carve the pith into required shape and size.
iii. Small Knife: Used to carve the minute details of the design.

iv. Carborundum Stone (sana kal): Used to sharpen the knife.

Other tools that are used for this handicraft are mentioned below:

i. Scissors for sculpting the precise detailing and various combinations.

ii. Geometry box for precise measurement and details.
iii. Glass case (it is used to cover the pith artifact).
iv. Glass cutter (lt is a tool used to make a shallow score in one surface of a piece of
glass that is to be broken in two pieces).
v. Silicon carbide combination stone is used for sharpening knives, chisels. plane
iron. blades, etc. and
vi. Home-made glue/ paste.

Process of manufacturing: Steps followed in production is illustrated as follows:

i. The pith plant is recognized by the shallow layer of leaves that float on the
marshy water at a depth of two to six feet. The pith which is grown on the water
will grow up to 4-5 feet. It will become dry when the water becomes dry.
ii. The pith collector collects this reed. The reed is dried and subsequently sold as
sticks of 2 to 3 feet.
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iii. The brown cover of the Hydrophyte (Sholapith) is sliced and removed using an
appropriate knife.
iv. Only ivory coloured pith is selected and processed further. If pith is of colour
which is not of standard quality it is discarded.
v. Thereafter using knife as an only tool, pith is sliced into equal dimensions. It is
done in such detailing that every slice is of equal dimensions so that there is no
disparity when Artifacts is being compiled.
vi. They are cut, sliced and sub structured in accordance with the specification of the
product.(illustration: in structure of 'Nandi the bull' broad outlines of Nandi is
designed on the pith rows and thereafter sliced into equal dimensions creating a
numbers of' Nandi structure; Similar preparation is done in for the artifacts of
pillars')
vii. Individual sub structures of the models are made and structured using the home-
made paste. The raw tendrils of the reed are boiled, ground and mixed with flour
to make the glue paste.
viii. A small weight is used for pressing the structures while binding.
ix. Then sculpture or design is structured on it by the artisans.
x. Then final touches are given. For example, in making of a temple partially
completed 'Gopuram' (monumental tower) structures are kept in a row for
mounting the 'Kalasam' (Generally all Hindu temples have kalasam on their top)
and other decorative elements.
xi. If colouring is done it is done with bright colours and coloured realistically.

Uniqueness

1. Distinguishing feature of Thanjavur Netti Works is its workmanship. The location of

Thanjavur and its religious significance is one of motivating factors behind
development of pith industry. The government has recognised the pith work industry
as one of the major handicraft symbol. (The sight of architectural masterpiece such as
Thanjavur Big Temple (Brihadeeshwara Temple) is inculcated deep inside artisans,
brain and therefore it is no surprise that Thanjavur big temple model is one of the
most prestigious pith works.
2. Good quality pith that is white in colour is used for production. Poor quality pith that
is red in colour is not used.
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3. Pith doesn't require any mould or supporting instruments to create desired shapes
unlike metal scriptures. It requires basic tools such as knives, scissors and geometric
tools box to mould it.
4. Thanjavur Netti work is famous for miniature works of Thanjavur temples and idol
making. The finished pith work is generally fixed to a wooden base and covered with
glass to protect from dust and moisture. This helps to preserve the works for years.
For normal pieces ply wood made stands are used as base, whereas for big and
important pieces teak and wood stands are used. Miniatures of rural and urban place
are also made, which are decorated with lights. The art pieces made of pith starts at
the range of fifty rupees and goes up to lakhs.
5. The pith is obtained from near Tanjore or Mannargudi and is cut with a long sharp
knife into wafers which are curled and pinned into the shapes of white flowers or
figures and decorated with glided metal. Orders for garlands made in this manner
come from nearly all the districts in the Presidency.

GI Tag for Thanjavur Netti Works:

These Thanjavur Netti Works are advertised under Rule-41(1) of Geographical Indications of
Goods(Registration and Protection) Rules,2002.

Here the application is made by the Tamil Nadu Handicrafts Development Corporation,
for registration of the Thanjavur Netti Works is hereby advertised and accepted under
Section-13(1) of Geographical Indication of Goods ( Registration and Protection) Act,
1999.

3. KOVAI KORA COTTON SAREES

Origin:

The peoples of Devangar Community is said to be hailed from Ahmed Nagar and as a result
of the annihilation of Vijaya Nagar empire in the Talaikotta War in 1565, when the Kayatri
Peetam of Devangars, which was functioned in Hemakooda Parvatham was desfroyed, they
settled at Sirumugai, Meth.rpalayam and Sathya Mangalam of Coimbatore District and they
are the pioneers of the weaving Kovai Kora Cotton. During the reign of the Vijaya Nagar
Empire, the silk - cocoons had been produced only from the state of Karnataka. It was
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ordered to a handloom weaver residing at T.G.Pudur a part of Coimbatore District and

situated near Karnataka to produce cloths for the members of the royalty, by using the silk
yam drawn from silk cocoon as warp and the cotton yam, drawn from the cotton produced in
a large measure at Coimbatore District for the weft. The variety which was produced as such,
is called Kovai Kora Cotton.

Methods of Production:

Raw materials:

During the making of Kovai Kora saree, the silk is used for warp and 2/100 Kora mercerised.
Yarn is used for weft and half fire jari is used for making the boarder and putta. The Kora silk
yarn, which was obtained for producing warp is send initially for twisting or winding,
wherein it was made into warps counting 3,960 or 4800 yams. Initially the Kora silk yarn is
wound in little boxes (bobbins). The boxes so windup, arranged in order are send to warping
machine, winding them to the extent of the length required for preparing the warp. Each 120
yams were made into a spindle and total warp is made into such spindles and the total warp is
taken out.

Dying:

The dying to the Cora silk yarn is similar to the dying for silk yarn. Before, dying the Kora
silk is required to be washed in pure and plain water. The Kora silk is let immersed in a warm
water mixed with - dye. After sometime, a wooden stick wound up with yam spindle so as to
ensure that all the areas of Kora silk are properly dyed, by using both hands alternately.

Colours:

During the production of the Kora cotton saree, several colour yarns were used. The saree is
produced in light colour and dark colour:

Light colour: Lavender, Jussar, Lemon, Cement, Cogar, Violet, lght Sumanthi, Radium.

Dark Colour: Dark Olive, B.C. Blue, K. Blue, S. Blue, Chocolate, Peacock neck green.

 The one end of the warp is tied with an iron rod and the other end was held by the 2
persons and after the elongation, the warp will be measured and it will be rolled into a
cylinder.
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 If necessary Warp Piecing can be done by conjoining the old warp yarn and the new
one.
 A single warp is used to make 8 sarees. The time taken for the production of the saree
is 2 days and 16 sarees can be produced by the weaver.

Uniqueness:

Kovai Kora Cotton saree, is a marriage of cotton and silk yams beautifully blending them in
the fine craftsmanship, unsurpassed in the annals of textile history. The method of dying the
tie and dye method yarn used for the border of Kovai Kora Cotton is the secret exclusive
known and kept by the people of Coimbatore. The Climate of Coimbatore is to ensure that
the yarns for the warp preparation are not damaged. Kora Cotton is produced with a
minimum manpower of 3 persons. The dying is guaranteed by used of the water of Siruvani
and Bavani.

GI TAG FOR THE KOVAI KORA COTTON SAREES:

Since 1943, one the Alangombu Devanga cotton cum silk handloom weaveis co-op Sociefy
Ltd., has been involved in the production of traditional Kovai Kora Cotton sarees, besides
many such societies. Recently, in 1997, Kora Cotton has won the National award institute by
Ministry of Textiles, Government of India. Along with the Statement of Case in Class (b) 24
&.25 in respect of (c) Kovai Kora Cotton Sarees in the names of (d) commission whose
address is producers of the said goods to which the geographical indication relates and which
is in continuous use since time immemorial in respect of the said goods.

Here the application is made by the Tamil Nadu Handicrafts Development Corporation,
for registration of the Kovai Kora Cotton is hereby advertised and accepted under
Section-13(1) of Geographical Indication of Goods ( Registration and Protection) Act,
1999.

4. NACHIARKOIL KUTHVILAKKU (NACHIARKOIL LAMP)

Kuthuvilakku (lamp) usually consists of four parts, viz base (Keezh-bagam), stem (kandam),
oil container (Thanguli) and the apex or Prabai. The thanguli or oil container consists of V
shaped spouts to hold the wicks. These four parts are joined together with the help of screw
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threads. The central pillar often terminating into a bird or “Prabhai”, depicts the picture of
Hamsa or Swan. Lamps may also be made to be suspended by chains from the ceiling, the
chains often being richly decorated and always excellent in workmanship and design. •
Lamps also in the form of a branching tree each branch ending in a small tray or bowl for the
oil and the wick. Kuthuvilakkus are manufactured in various sizes and also in the form of a
standing woman holding in her hands a shallow bowl to contain the oil and the wick. They
are used on religious and ceremonial occasions and are fashioned out of brass.

Origin

Tanjore is the seat of ancient civilization in the State and has always been noted for the
practice of arts of luxury and refinement. In its chequered history which is largely intervened
with those of the Cholas and the Vijayanagar Kings, as patrons of art, architecture and crafts,
it has always given birth to and carefully nurtured many traditional handicrafts. The
manufacture of brass and bell-metal wares has been an important occupation of a community
of artisans, the Pathers, since the year 1857 at Nachiarkoil. The craft was originally practiced
by this particular sect of persons called Pathers. Some four or five families of Pathers
practicing the production of brass and bell-metal fled in 1857 from Nagerkoil which was then
in the Travancore, Cochin State. Unsettled conditions of livelihood and fear and danger to
their lives led to their migration. With their bag and baggage they left their homeland, some
reaching Kumbakonam, others landing at Vaigaikulam in Tirunelveli district and the more
intrepid moving on to Andhra Pradesh. Those who reached kumbakonam they surprised to
see the articles being fashioned out of brass sheets. These Pathers were ignorant of sheet
work while they themselves were adept in the area of wax moulding, finding that they could
not compete with artisans in Kumbakonam who for years have practiced the craft of
fashioning articles of brass out of big sheets and realizing that they could not satisfactorily
practice the art of brass and bell metal ware by the wax moulding process which requires
wide open spaces, moulds and a particular type of sand to fill in the mould, they moved out of
Kumbakonam and on their way halted at Nachiarkoil to visit the temple and worship the
deity.

1. The raw materials which are used for this preparation are:
Metals: Copper, Tin, Zinc, Aluminium, Lead, Sand, Coke, Wax
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2. The wax is prepared by stirring White Dammer in a dish, then the castor oil is poured
and then the beeswax is poured and it will be heated. Then the wax will be formed as
it will float on the water.
3. Cow dung cakes
4. Parting Sand
5. Preparation of Shellac

Manufacturing Process:

Stage-1:

Vandal sand is dug out of the Cauvery river bed and bought by cart loads to the workshop.
This sand is of light yellow colour and contains a certain percentage of moisture and so it has
to be dried to drive out moisture and sieved well to remove small stones, pebbles and other
impurities. This cleaning and drying takes two days after which water is added to the sand
and it is kneaded with both hands. Patterns of round and irregular shapes of articles are made
out of brass. With the help of these patterns, the articles are cast in vandal sand by the process
of box moulding. In the case of articles like Kuthuvilakku (pedestal oil lamp), three different
moulds are utilised and three different parts are separately cast before they are joined
together. In the case of small articles like Kuthuvilakku (pedestal oil lamp), three different
moulds are utilised and three different parts are separately cast before they are joined
together. The inner core is made out of 50% clay and 50% river sand and then pressed with
the prepared mud into two half’s of the mould along with an iron rod wrapped in cloth and
fixed down the centre in order to provide reinforcement for the inner clay core. That will be
required when the two sand-filled half’s are pressed together to form one solid block that will
then be referred to as the inner clay core

Stage-2:

Vandal sand thoroughly sieved to remove impurities is mixed with a small quantity of water,
kneaded and filled into the appropriate box before casting. For bell-metal articles,
manufactured according to the lost wax hollow casting method, a mixture of vandal sand,
savuttu sand of light grey colour and clay sand in the proportion of 4:4:1 is prepared. Liquid
cowdung, generously diluted with water, is added to this sand mixture and the resultant
product used for the wax mould. The addition of cow dung facilities the application of heat
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and prevents the wax mould from cracking. In the case of loam moulding, Vandal sand and
jute fibre are mixed in the ratio of 9:1.

Stage-3

Crucibles are heated for half an hour, the temperature being gradually raised before metal is
melted in them. After the crucibles have cooled, brass scrap is put into these crucibles and
subjected to extreme heat in a coke furnace. To remove impurities floating on the surface of
molten brass. Borax acts as a flux and the impurities which come to the surface of the molten
brass can be skimmed off with the help of a metal spoon.

Stage-4

Brass castings are made in the moulding boxes or flasks of different shapes and sizes
according to the shape and size of the articles. Moulding boxes or flasks are generally made
out of wood in two parts, top and bottom held in alignment by means of dowel pins. Dowel
pin are made out of teakwood reapers of 1 ½” x ½” size. The top part is called the Cope and
has one pin on either side which engages in the lower part called the Drag which has two
reapers fixed few inches apart.

These corresponding articles are joined together either providing grooves on the connecting
surfaces or by soldering. Then the shaping of the articles will be done. The engraving will be
done by the engraving tools by engraving a specific design.

Uniqueness:

a. The different types of sandy soil found around Nachiarkoil are considered to be the
best in the whole of South India. It grips the article firmly while moulding and
casting. There is the Karuman sand which is ideally suited for wax moulding. This
sand is light red in colour and is found to the east of the village. Moulds for
manufacturing big vessels are prepared out of this sand. The multi-purpose sand
called vandal sand fetched from the Cauvery river-bed; one mile from Nachiarkoil, of
light brown colour is the chief attraction. To prepare moulds out of this Vandal sand,
clay powder is added and the mixture used for box moulds. Another type of sand
called Savuttu sand is of light grey colour and is used in wax moulding. This sand is
found in the tanks to the south and east of the village.
 Page 19 of 26

b. Kuthuvilakku (lamp) usually consists of four parts viz. base (Keezh-bagam), stem
(kandam), oil container (Thanguli) and the apex or Prabai. The thanguli or oil
container consists of ‘V-shape spouts to hold the wicks. The central pillar often
terminating in a bird or “Prabhai” generally a picture of Hamsa or Swan. None of the
other lamps have such categorization of the parts nor are they given the part of portion
wise importance as in the Nachiarkoil lamps.
c. Kuthuvilakku (lamp) suspended by chains from the ceiling, the chains often being
richly decorated and always excellent in workmanships and design.
d. Kuthuvilakku (lamp) in the form of a branching tree each branch ending in a small
tray or bowl for the oil and the wick.
e. Kuthuvilakkus are manufactured in various sizes and also in the form of a standing
woman holding in her hands a shallow bowl to contain the oil and the wick. This and
the above mentioned forms are varieties seen only in Nachiarkoil lamps and nowhere
else.
f. The effect of the combination of the availability of raw materials, and infrastructure is
the main reason for the establishment of this industry at Nachiarkoil.
g. Human skill: Manufacturing Kuthuvilakku has been the traditional occupation of the
Pather community. However, monopoly of a craft based solely on birth is now a thing
of the past. Members of other communities have, by application and practice, made a
serious inroad which is result of decades of experience and expertise.

GEOGRAPHICAL INDICATION TAG FOR NACHIARKOIL LAMP:

The application is made by Tamil Nadu Handicrafts Development Corporation and it is

advertised and accepted under Section-13(1) of Geographical Indications of Goods
(Registration and Protection) Act, 1999.

THANJAVUR ART PLATES:

Thanjavur Kalai is a popular art form that has been in existence, for a long time in the temple
city of Tamil Nadu. It requires the skills of a metal worker, jeweller and a designer of not just
patterns, but also tools. The Thanjavur Art Plate has been given Geographical Indications
Tag, as a proof of its heritage. Once prized as the pinnacle of artistry in Tamil Nadu, the
Thanjavur Art Plate was often presented to visiting dignitaries by the State Government.
 Page 20 of 26

Patronised by Maratha ruler Serfoji II (1777-1832), Thanjavur Kalai craftsmen were kept
busy with orders for royal gifts, mostly decorative slavers, jewel boxes and vessels like water
pots and ewers. In its contemporary version, the craft has been commercially reinterpreted as
“ Thanjavur Kalai Thattu” or Thanjavur Art Plate, a ceremonial platter made with silver,
copper and brass layers in three stages: the base plate with alternate copper and silver panels,
a bigger embossed silver motif on the central section and the setting of globular jigna or
sequins in the secondary relief.

Thanjavur Art Plate was given a Geographical Indication Tag in 2007 as a proof of long
heritage. Once prized as the pinnacle of artistry in Tamil Nadu, it was often presented to
visiting dignitaries by the State Government. In 1980, the Thanjavur Art Plate was gifted by
then Governor Sadiq Ali to Britain’s Prince Charles during the visit to India.

Q. Whether the handicrafts of Tamil Nadu are protected from the abuse because of the
Geographical Indication Tags or not?

The Tamil Nadu (TN) Handicrafts Development Corporation has sought to attain
Geographical Indication (GI) status for the Pattamadai mats of Tirunelveli district and
Nachiarkoil lamps of Thanjavur. According to the Assistant Registrar of Trade Marks and
Geographical Indications in Chennai, Chinnaraja G. Naidu, the handicrafts will be granted
this status by February this year.

GI status for handicrafts in TN comes after a four-year gap. The last product registered was
the Thanjavur doll in 2008-2009. GI identifies a product as originating from a particular
place. According to the Geographical Indication of Goods Act (Registration and Protection)
1999, it means that “a given quality, reputation or other characteristics of such goods is
essentially attributable to its geographical region.” Handlooms such as Pochampalli ikkat
from Andhra Pradesh and Kancheepuram Silks from Tamil Nadu as well as handicrafts such
as the Channapatna dolls from Karnataka have been granted GI status.

Chinnaraja Naidu says, “Infringements do take place. The proprietor or user can register a
complaint with the police if they find out that their innovations are being copied. However,
not one case has been registered so far as people do not know whom to blame for
infringement or whom to approach.” He also stated that the Artisans are much more aware of
 Page 21 of 26

their rights now than before,” she says. “We also have to blame ourselves. There are so many
products to protect and no energy is invested in this. We simply don’t care about our rich
heritage and culture. Other countries make commendable efforts in protecting their culture;
we do not.

TN has the third largest number of registered GIs for handicrafts and handlooms after
Karnataka and Andhra Pradesh. It seems crucial to reflect upon whom GI has benefitted and
how effective the mechanism has been over the past decade.

Role of Geographical Indications of Goods ( Registration and Protection) Act, 1999

Geographical Indications are intellectual property rights. Their function is to identify

products on the market, similar to trademarks and trade names. Well protected and pro-
actively used, GIs are a very interesting marketing tool because they can convey a lot of
information from the producer to the consumer. GI give the producers of a region the
exclusive right to use the indication for their products originating from that region. It also
means that they have the right to prohibit any unauthorised use usurpation or imitation of the
sign on a product that is not from the designated area or which does not have the qualities
guaranteed by the GI. Obtained in the soil of the region for which they stand, geographical
indications contribute to the socio-economic improvement of regions around the world. They
create employment, contribute to the regulation of the market and encourage the
diversification of production. In addition, they protect natural treasures and maintain the
cultural heritage.

Given its commercial potential the legal protection of GI assumes enormous significance.
Without such protection, competitors not having legitimate right on a GI might ride free on
its reputation. Such unfair business practice result in loss of revenue for the genuine right
holders of the GI and also misleads the consumers. Moreover, such practices may eventually
hamper the goodwill and reputation associated with the GI. In order to rule out its misuse and
to tap the potential economic and socio-economic benefits emanating from this IP, it is
essential to ensure an appropriate legal protection for GIs at the national level.

Prior to enactment of GI Act there was no law for the protection of geographical indication in
India. The need and justification for this law has been aptly stated in the statement of object
and reasons as under: “At present there is no specific law governing geographical indications
of goods in the country which could adequately protect the interests of producers of such
 Page 22 of 26

goods. Exclusion of unauthorised persons from misusing geographical indications would

serve to protect consumers from deception, add to the economic prosperity of the producers
of such goods and also promote goods bearing Indian geographical indications in the exports
market. Unless a geographical indication is protected in the country of its origin there is no
obligation under the agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPs) for other countries to extend reciprocal protection. India would, on the other hand, be
required to protection to goods imported from other countries which provide for such
protection. In view of the above circumstances, it is considered necessary to have a
comprehensive legislation for registration and for providing adequate protection for
geographical indications”. Until recently and in past, protection from such misuse of
geographical indications was granted through passing off action in courts26 or through
certification marks.

This Act seeks to provide for registration and better protection of geographical indications
relating to goods. It excludes unauthorised persons from misusing geographical indications.
This would protect the interest of producers, manufacturers and thereby consumer from being
deceived by the falsity of geographical origin to economic prosperity of the producer of such
goods and promote goods bearing geographical indications in export market. Unless a
geographical indication is protected in the country of its origin, there is no obligation under
the agreement under Article 22 of the TRIPs agreement for other countries to extend
reciprocal protection.

Judicial Perspectives:

The issue of protection of GI gained particular interest and attention in India only when a
patent was obtained for Basmati Rice in the United States by the Rice Tec Inc. and the
widespread report of tea from other countries being passed off as Darjeeling Tea. India
realised that if it needed to protect its own geographical indications globally, it needed to
protect them at the national level to begin with.

1. Basmati Rice Case:

In India the Basmati exports were valued at approximately US$ 475 million in 1998-99.
The serenity of the surroundings was suddenly broken by bold new headlines which
read “US Rice Company says India and Pakistan don’t own word “Basmati”. Ever since
the company, Rice Tec, based in Texas, United States, patented Basmati rice, there has
been a hue and cry in India and Pakistan.
 Page 23 of 26

In February 1996, the APEDA12 has found that Rice Tec had registered for a trademark
for exporting what they called. ‘Texasmati’ in the UK and had lodged a case against
Rice Tec in an UK economic court. The first legal issue, which arose in the protection of
Basmati as a geographical indication is as to whether it is a generic name? Rice Tec in
its claim states that it is a generic name and therefore cannot be protected as
geographical indications. The concern what Indian authorities had was the fear of Rice
Tec getting a trademark on Texmati, Texmati is deceptively similar to Basmati and
therefore cannot be registered as a trademark.
2. Darjeeling Tea Case:
There are allegations that Nepalese tea is imported in to India is repackaged as
Darjeeling tea and exported Nepal is small producer and exporter of tea in the world
market. One of the first significant measures was taken by the Tea Board to protect
Darjeeling as a geographical indication about 15 years ago by developing a “Darjeeling”
Logo. The Darjeeling logo created in 1983 has since been registered in various
jurisdictions including UK, USA, and Canada, Japan and Egypt and some European
countries as a Trademark/Certification Trademark/collective Mark
The Tea Board has obtained “home protection” by registering the Darjeeling Logo and
also the word “Darjeeling” as a certification mark under the Indian Trade and
Merchandise Marks Act, 1958. Under the new Geographical Indication of Goods
(Registration and Protection) Act, 1999 (which has come in to force on September 15,
2003), the tea Board has also filed applications for the Darjeeling logo as well as
“Darjeeling” word to be registered as a geographical indication.22 Under the new Act
Darjeeling is registered as GI..

Here the Geographical Indication Act protects the products from abuse and this also helps us
to avoid the fake products. From this we can understand that because of Geographical
Indication many products are protected.
 Page 24 of 26

CONCLUSION:

The GI Act, which came into force, along with the GI Rules, with effect from 15 September
2003, has been instrumental in the extension of GI status to many goods so far. The central
government has established the Geographical Indications Registry with all-India jurisdiction,
at Chennai, where right-holders can register their GI. Unlike TRIPS, the GI Act does not
restrict its special protection to wines and spirits alone. The central government has discretion
to decide which products should be accorded higher levels of protection. This approach has
deliberately been taken by the drafters of the Indian Act with the aim of providing stringent
protection as guaranteed under the TRIPS Agreement to GI of Indian origin. However, other
WTO members are not obligated to ensure Article 23-type protection to all Indian GI, thereby
leaving room for their misappropriation in the international arena. Registration of GI is not
compulsory in India. If registered, it will afford better legal protection to facilitate an action
for infringement. Once a GI is registered in India, it becomes relatively easier to seek
protection in other countries, particularly the member countries of WTO.
 Page 25 of 26

BIBLIOGRAPHY:

INTERNET SOURCES:

STATUTE:

1. Geographical Indications of Goods (Registration and Protection) Act, 1999,

http://www.ipindia.nic.in/act-1999.htm.

JOURNALS:

1. Geographical Indications Journal N0. 131, Govt of India,

http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Journal_131.pdf.
2. Geographical Indications Journal No. 129, Govt of India,
http://www.ipindia.nic.in/writereaddata/Portal/IPOJournal/1_4831_1/Journal_1
29.pdf.
3. The Geographical Indications of Goods (Registration and Protection) Act, 1999,
https://www.origin-gi.com/i-gi-origin-worldwide-gi-compilation-
uk/download/334/10717/24.html?method=view.
4. Geographical Indications Journal No.47, Govt of India,
http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Journal_47.pdf.

NEWSPAPER ARTICLES:

1. Radhika Santham, GI can protect handicrafts from Abuse, THE HINDU,

https://www.thehindubusinessline.com/on-campus/GI-can-protect-handicrafts-
from-abuse/article20561046.ece.
2. Sangeetha Kandavel, Sanjay Vijayakumar, From Dindigul locks to Kadangi
saris: Would GI Tags revive and industry? THE HINDU,
https://www.thehindu.com/news/national/tamil-nadu/dindigul-locks-to-
kandangi-saris-would-gi-tags-revive-an-industry/article29311542.ece.
3. Times Travel Editor, Thanjavur Netti Works, Arumbavur wood carvings of
Tamil Nadu receive the prestigious GI Tag, Times of India,
https://timesofindia.indiatimes.com/travel/destinations/thanjavur-netti-works-
arumbavur-wood-carvings-of-tamil-nadu-receive-the-prestigious-gi-
 Page 26 of 26

tag/as75718257.cms#:~:text=Thanjavur%20Netti%20Works%20(Thanjavur
%20Pith,from%20one%20generation%20to%20another.
4. G. Srinivasan, Kovai Kora cotton gets GI Tag, THE HINDU,
https://www.thehindu.com/news/national/tamil-nadu/kovai-kora-cotton-gets-gi-
tag/article6190948.ece.
The Hindu Net Desk, Thanjavur Art Plates: A vintage artefact from the temple
city of Tamil Nadu, THE HINDU, https://www.thehindu.com/society/history-and-
culture/watch-thanjavur-art-plates-a-vintage-artefact-from-the-temple-city-of-
tamil-nadu/article32868474.ece.