PROTECTION OF HANDICRAFT GOODS UNDER GIS ACT- CASE STUDY

INTRODUCTION

Some products are unique because they can be produced only in a certain geographical area
and they acquired reputation because they have certain unique quality traits which are
attributable to their geographical region like in the case of' Champagne (Sparkling wine from
the district Champagne in France), 'Darjeeling tea' (Tea from Darjeeling district in India),
'Scotch Whisky' (Whisky from Scotland), 'Havana Cigars' (Cigars from Cuba), 'Tequila
(Spirit from Mexico), 'Basmati' (Rice from sub-Himalayan region of India and Pakistan), and
many others. They usually relate the famous places to unique products of a nature and
quality. The common feature of these words is their geographical connotations or their
meaning to designate places, or towns, or regions. But the interesting aspect of these words is
that they tend to denote products rather than their place of origin.

Meaning of geographical indication

A geographical indication is a sign used on goods that have a specific geographical origin and
possess certain unique qualities and reputation that are due to that place of origin. Geographic
words are efficient means to communicate both (a) a product's geographical origin, and (b)
product characteristics besides geographical origin.' A geographical indication signals a link
not only between a product and its specific place of origin but also with its unique production
methods and distinguishing qualities. The sign used on goods serves to recognize the
essential role played by geographic and climatic factors and/or human know-how in the end
quality of a product.

It is a unique category of intellectual property rights with collective ownership, linking a

product with its place of origin and the producers. Geographical indications serve as a source
identifier to indicate goods originating in a particular territory or region or locality in that
region. Geographical indications are indications of quality which let consumers know that
goods come from an area where a given quality, reputation or characteristics of goods are due
to their geographical origin.
The term geographical indications includes both indication of source, which indicates
origination in a specific geographic region, and appellations of origin, which refers to both
the geographical origin and the quality characteristics of that particular environment. While
geographical indications may be associated with manufactured or industrial products, the vast
majority of these indications are attached to agricultural products, mostly food and
beverages. The non-agricultural products that enjoy the protection of geographical indication
include handicrafts, jewellery, textile etc.

Definitions of geographical indication

(a) Definition of geographical indication by WIPO. The link between the products'
geographical origin and their quality or reputation has been highlighted by the definition of
geographical indication provided by the WIPO, which defines geographical indication as:
.... a sign used on products that have a specific geographical origin and possess qualities or a
reputation that are due to that origin. "

(b) Indications of source as in the Madrid Agreement.

Article 1(1) of the Madrid Agreement 1891 reads as:
"All goods bearing a false or deceptive indication by which one of the countries to which this
Agreement applies, or a place situated therein, is directly or indirectly indicated as being the
country or place of origin shall be seized on importation into any of the said countries."

(c) Geographical Indications in the TRIPs Agreement.

Article 22(1) of the WTO18 Agreement of Trade Related Aspects of Intellectual Property
Rights concluded as part of the Uruguay Round trade negotiations, provides a basic definition
of geographical indications:
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."

(d) Definition under the Geographical Indications of Goods (Registration and Protection) Act
199921 of India. Section 2(e) of the Act reads as:
' 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.

Explanation. For the purposes of this clause, any name which is not the name of a country,
region or locality of that country shall also be considered as the geographical indication' if it
relates to a specific geographical area and is used upon or in relation to particular goods
originating from that country, region or locality, as the case may be."

Geographical indication as an intellectual property right

An implicit aspect of intellectual property law is that the exclusivity and rights offered are to
benefit those who create new knowledge. Geographical indications are exceptions.
Geographical indications usually are not "new" contribution to society. They are often linked
to old knowledge, with its attendant cultural perceptions and ways. They usually involve
small business, old techniques, and rural regions. In contrast, many trademarks and patents
are linked to transnational corporations, new ideas and discoveries, and mega-marketing to
urban or creativity centre.
Yet, it is not only what is new that is important for the development of a community. Both
old and new creativity and knowledge are important for a society and its development.

When a community is putting its labour and still on particular goods it is justified to claim
property rights for such goods based on the fact that they are produced in a geographical
region which has unique geo-climatic characteristics and uses traditional skills. These render
a unique value to the product and make replication of these goods elsewhere impossible.
Since goods emanating from another region must, by definition, be different, there can be no
justification for using the same geographical term for them. If someone uses the same
geographical term it will ipso facto amount to misrepresentation and therefore, a special right
makes more sense than an action which requires proof of misrepresentation. In that way there
is a much stronger link between the distinctiveness of a geographical indication and the
uniqueness of the underlying product, and an even stronger justification for a priori based
property rights.

If we accept the proposition that a product from a particular area reflect local characteristics,
which are unique and cannot be replicated anywhere else, this demands a strong and
systematic protection world-wide. Without protection the use of geographical names on
goods will not guarantee the unique characteristics which are due to the geographical region.

A regime seeking to protect geographical indications would therefore seek to bridge the
asymmetry of information between the producer and his or her consumers thereby allowing
him or her to invest to a maximum into improving the quality and, indirectly, the reputation
of the good.

Thus, it can be said that a geographical indication is a type of intellectual property right that
tends to be held by collective bodies representing groups of producers/association. The
knowledge associated with a geographical indication remains available for anyone to use.
From the provisions of TRIPs Agreement it is undisputed that geographical indication is an
intellectual property right under Art. 1(2) of the TRIPs Agreement.

NEED FOR PROTECTION

From geographical indications the consumers expect to have authentic information about the
origin and the quality of products. Many products due to their distinct characteristics have
acquired reputation worldwide and if they are not protected adequately it will mislead the
consumers and dishonest commercial operators will have free-ride over the established
reputation. The systems of protection employed by countries to protect geographical
indication enormously vary due to differences in national laws. Prior to the TRIPs
Agreement, geographical indications were protected at the national and regional levels under
a wide range of legal theories and principles.? These legal theories include appellations of
origin, trademark law, and unfair competition or passing off laws." Today, these various legal
principles continue to be used by countries in order to satisfy the TRIPs obligations regarding
protection of geographical indications. Due to their functional differences, these legal
principles produce different results as to the protection and enforcement of property rights of
geographical indication. One of the major difficulties for the International protection of
geographical indication has always been the diversity of various national concepts. There are
deep differences not only in the area of terminologies of geographical indications but there
are also significant divergences with regard to the modes and the purpose of protection.
Those concepts were developed in accordance with different national legal traditions and
within a framework of historical and economic conditions.
The WTO Agreement on TRIPs does not mandate a specific system for the protection of
geographical indications. Therefore, the members of WTO were allowed to choose the Unfair
competition appropriate ways for the implementation of the TRIPs Agreement. Due to
different approaches adopted by different member States it can be said that implementation of
geographical indication has occurred in the most diverse and uncoordinated manner.

HANDICRAFT GOODS – MEANING AND INTERPRETATION

A handicraft, sometimes more precisely expressed as artisanal handicraft or handmade, is

any of a wide variety of types of work where useful and decorative objects are made
completely by one’s hand or by using only simple, non-automated related tools like scissors,
carving implements, or hooks. It is a traditional main sector of craft making and applies to a
wide range of creative and design activities that are related to making things with one's hands
and skill, including work with textiles, moldable and rigid materials, paper, plant fibers,clay
etc. One of the oldest handicraft is Dhokra; this is a sort of metal casting that has been used in
India for over 4,000 years and is still used. In Iranian Baluchistan, women still make red ware
hand-made pottery with dotted ornaments, much similar to the 5000-year-old pottery tradition
of Kalpurgan, an archaeological site near the village. Usually, the term is applied to
traditional techniques of creating items (whether for personal use or as products) that are both
practical and aesthetic. Handicraft industries are those that produce things with hands to meet
the needs of the people in their locality without using machines.
Collective terms for handicrafts include artisanry, crafting, and handcrafting. The
term arts and crafts is also applied, especially in the United States and mostly to hobbyists'
and children's output rather than items crafted for daily use, but this distinction is not formal,
and the term is easily confused with the Arts and Crafts design movement, which is in fact as
practical as it is aesthetic.
Handicraft has its roots in the rural crafts—the material-goods necessities—of ancient
civilizations, and many specific crafts have been practiced for centuries, while others are
modern inventions or popularizations of crafts which were originally practiced in a limited
geographic area.

REGISTERED GEOGRAPHICAL INDICATION INDIA

• Aranmula Kannadi

Application No. 3, Good - Handicraft, State - Kerala

Aranmula kannadi is a unique metal mirror of reflecting a rich culture as well as
mythological heritage in the history of Kannadi. This wonderful creation of human skill is
made of metal alloys. The image of this mirror is similar to silicon synthetic glass mirror
image without any distortion. As traditional as the mirror making technology is the artisan's
belief that the metallurgical composition of the mirror is divine and that some undisclosed
metals allowed with the copper and tin are responsible for the distortion free images. This
mirror also has got telescopic effect on its image that is distant objects can be seen thereby. It
is the most unique of the generic Metal Mirror as no other similar mirror is available
anywhere in the world. This is the rarest handicraft of its kind. One piece of mirror will take
almost 6 months for the completion and each and every stage of the process of its production
is being done manually without any help of the machine. The mysterious component of local
mud used for moulding purpose to the alloy also to contribute the uniqueness of this mirror.
The world's renowned metallurgists and scientists have tried to produce similar mirror with
the same composition of metals but failed in their attempts.

• Pochampalli Ikat
Application No. 4, Good - Handicraft, State - Andra Pradesh Pochampalli ikat is produced or
manufactured in the district of Nalgonda and parts of Warangal in the State of Andhra
Pradesh. It is made of natural materials such as cotton or silk or combination of both, having
designs that are evocative of the diffused diamonds. The process of making this ikat involves
tying and dying the threads in a visualized design prior to weaving. Then the dye penetrates
into the exposed section while the tied section remains un-dyed. Its fabric also consists of
cotton or silk or combination of both.

• Chanderi Fabric
Application No. 7, Good - Handicraft, State - Madhya Pradesh The Chanderi sarees is known
for the centuries for its transparency, buttis and sheer texture motifs. The buttis on the sarees
are hand woven and absolutely woven on handloom.
The tested zari is made with use with synthetic yan. The buttis are made by use of needles.
Number of needles used depends upon the number of buttis and its size. For each butta
separate needles are used. The handmade buttis are permanent in its nature and existence as
well, inter laced and its original shape and structure always remain the same even after its
long use.
The thread used at Chanderi is of fine quality and even after long use its thread never comes
out and its original shape and appearance is retained forever. It is easily distinguishable from
the buttis made outside Chander even with naked eyes because of its manner and process of
manufacture.

• Mysore Silk
The growth of the silk industry in the Kingdom of Mysore was first initiated during the reign
of Tipu Sultan. Later it was hit by a global depression, and competition from imported silk
and rayon. In the second half of the 2oth century, it revived and Mysore State became the top
multivoltine silk producer in India. The distinctive exclusive characteristics of Mysore Silk
fabrics are the result of different factors. Mysore Silk fabrics are mainly grey woven and then
piece dyed, with unique twist patterns in the weft preparation resulting in grainy effect and
drape.

• Kancheepuram Silk
Application No. 15, Good - Handicraft, State - Tamil Nadu Kanchipuram saree is a type of
saree traditionally made by weavers from Kanchipuram located in Tamil Nadu. These are
woven naturally and distinguished by their wide contrast horders. Temple borders, checks,
stripes and floral buttas) are traditional designs found on Kanchipuram sarees. The silk sarees
of Kanchipuram are justly famed for their technical excellence and the novelty of their
design. Even though the traditional methods of weaving are adopted by the weavers, they
have tried to keep pace with the changes in preferences and tastes.

• Kullu Shawl
Application No. 19, Good - Handicraft, State - Himachal Pradesh Kullu shawl designs are
geometrical in nature whereas other shawls are embroidery based. Kullu shawls have the
unique characteristics which gives the same look from both sides due to its weaving,
designing and colour combination. Kullu shawls weaved pattern can be taken on two or four
heads fly shuttle loom. The weft threads are entered alternatively in the shed made by healds
which are raised and lowered as per the weave by pedals. Insertion of more than one coloured
threads in a single pick by hand during weaving with the reversible effects makes this fabric
as it is not possible to get such effect with any other kind of looms whether power loom or
any sophisticated loom.

• Srikalahasthi Kalamkari
Application No. 28, Good - Handicraft, State - Andra Pradesh Kalamkari is a special
technique of treating cloth to render it non diffusive to aqueous solutions without affecting its
absorptivity by using fresh buffalo milk. It involves unique skills in the manufacture of
kalams from pieces of coarse woolen cloth tied near the centre of bamboo splinters. The art is
characterized by the controlled trickling of iron vinegar and/or alum solution down the
bamboo splinter of the kalam to trace outlines on the cloth treated with fresh buffalo milk
with tannic acid, and then filling the areas within and outside the outlines by similarly
trickling alum, iron, vinegar and vegetal dye extracts. It also involves dyeing the alum
painted cloth in a vegetal dye bath and then bleaching the cloth in sunlight to selectively
decolourise the vegetal dye in the areas where alum was not applied.

• Madhubani Painting
Application No. 37, Good - Handicraft, State - Bihar Madhubani is known all over the world
for giving new dimension, new horizon and new definition to the art of paintings and has
become synonymous to Madhubani Paintings.
It generally depicts Hindu deities. Colours used are prepared from natural sources. The
painters never rub off the wrong or crooked strokes and ride redo them. Whatever they paint,
they do it in one go. Raw materials are mixed with goat milk, Arabic gum and juice from
bean plants. Colours are applied flat and no shading. There is normally a double line drawn
for the outlines with the gap between the lines filled by cross or straight tiny lines.

• Shantiniketan Leather Goods

Application No. 104, Good - Handicraft, State - West Bengal Shantiniketan Leather Goods
were first produced in Vichitra Studio in 1932 under the guidance of Rabindranath Tagore.
After some innovations, these products became attractive to all classes of the society. It is an
exquisite colourful handcrafted leather product and cultural nurturing special social values of
the region. It includes block printed products and also batik dyed products having smooth and
glazing surface. Unlike other manufacturers, Shantiniketan leather is made from selective
animal skins of sheep and goat. They are shining, glossy and smooth dyed coloured products.
There is no particular size of any type of leather goods products. it has got unique property of
retaining its embossed imprint permanently and turning its grain surface glossy if rubbed with
glass/cotton. It is made of vegetable tanned leather which gives an exclusive appearance.
The products are given traditional motiff and colours which make it unique.

• Firozabad Glass
Application No. 155, Goods - Handicraft, State - Uttar Pradesh Firozabad is the only place
manufacturing glass bangles and glassware manufactured using mouth blown technique in
India. Firozabad has absolute monopoly in glass bangles and it is the largest producer of glass
bangles in the world. The unique features of Firozabad glass includes: a bangle as a final
product passes through 54 expert hands before becoming a finished product. The technique of
taking out melted glass on a hollow metal stick side and blowing it by mouth using
mouth/lungs blowing technique needs very high quality skills. The craftsmanship of the
product line is so unique that even the dye for giving a particular shape to the glass is made in
Firozabad only. The special characteristics of Firozabad glassare invisible and invisible in
nature as neither human skills nor the goodwill earned by it can be seen or measured. Only
the outcome of the very sophisticated and equally risky human skills learned purely in the
real life is tangible in nature.

Conclusion 

India is a country having innumerable number of geographical indications found all across
the country, because of its diversified climatic conditions, skills and traditional
knowledge.After the establishment of the Geographical Indications of Goods (Registration
and Protection) Act 1999 for the protection of geographical indications, the initiative to
exploit its potential began.

Around 1500 product from India have reportedly been identified as having the potential to
become registered geographical indications. Till today 237 geographical indications were
registered. Out of 237, 8 products are from foreign countries, they are 'Peruvian pisco' from
Peru, 'Champagne from France, 'Napa Valley from United States, 'Prosciutto di Parma' from
Italy, 'Scotch Whisky from United Kingdom, 'Cognac' from France and Tequila' from
Mexico.

The striking feature of Indian geographical indications is the variety of product categories to
which they belong. These include handicrafts, paintings, textiles, agricultural product,
beverages, etc. Most of the Indian products registered as geographical indications relate to
some sort of artisanal product, such as handicrafts, painting, textiles etc., these are the
products that are based on the traditional knowledge being passed from one generation of the
artisans community to next, clearly reflecting the India's rich heritage of traditional
knowledge in arts and crafts of the diverse genres and the significant roles that geographical
indications can potentially play in the context of these products.

BIBLIOGRAPHY

The law of Geographical Indications by Vandana Singh.