success vs unsuccessful stories of indian … vs... · “the workmanship of venkatagiri sarees...
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SUCCESS vs UNSUCCESSFUL STORIES OF INDIAN GEOGRAPHICAL
INDICATIONS
TICAL ISSUESTECTION:
PRACTICAL
BIJU K. NAMBIAR
ANA Law Group Mumbai
INTRODUCTION • Geographical Indications – marketing tool • Tremendous potential to empower rural economy • India has 295 registered GIs • The registration has not been leveraged in many cases • Not too many great success stories • Multiple reasons • Two successful and two not so successful GIs • Two from handloom sector, one from handicraft sector and one
from agricultural sector
SUCCESSFUL GI STORIES
DARJEELING TEA
THE FIRST GI • Darjeeling tea is India’s first registered GI • Registered in 2004 • The Tea Board is the registered proprietor • The Tea Board is the statutory body established to
promote the cultivation, processing, and domestic trade as well as the export of tea from India
HISTORY • The history begins in 1840s • Tea planting began in 1841 by Arthur Campbell, a civil
surgeon • The British government established tea nurseries in 1847 • The first tea garden was opened in 1856
THE TEA INDUSTRY
• 87 designated gardens spreading over 17800 hectares of land • Employing over 52000 people on permanent basis • Additional 15000 people engaged during plucking season –
March to November • 60% of the work force is women • Income of a garden worker – half in the form of cash and the
other half by way of free accommodation, subsidized cereal ration and medical benefits
• About 10 million kilograms are grown every year
SPECIFICATION OF DARJEELING TEA
• Tea must be grown in any of the 87 tea gardens in the defined geographic areas in the Darjeeling district;
• Processed and manufactured in a factory located in the geographic area; and
• When tested by expert tea tasters, is determined to have the distinctive and naturally occurring organoleptic characteristics of taste, aroma and mouth feel typical of tea cultivated, grown and produced in the region of Darjeeling, India.
• The unique aroma and flavor of Darjeeling tea is attributed to the climate, soil conditions, altitude and meticulous processing
QUALITY CONTROL • The use of Darjeeling tea in multi-origin mixtures made
subject to correct labelling requirements to protect the customer against any deception or confusion.
• The expression “Blended Darjeeling tea” can be used only for a blend of Darjeeling teas sourced from different tea gardens within the defined GI area. Blending with teas of different origin is not permitted.
• Labelling guidelines formulated and issued to govern and regulate use of Darjeeling name and logo marks as part of trademarks, and thus to prevent any misuse thereof for teas other than Darjeeling tea.
QUALITY CONTROL contd.
• Detailed inspection procedures put in place to ensure the integrity and purity of the supply chain for grant of the Certificate of Origin by the Tea Board.
• Customs Notification dated June 25, 2001 issued, making all
exports of Darjeeling tea subject to mandatory proof of such certificate of origin.
TRADE SUPPLY CHAIN INTEGRITY SYSTEM
• Introduced a trade chain management system for surveillance and monitoring of the supply chain and addressing the traceability issues in the Darjeeling tea trade chain.
• Two computerized data collection centers have been setup in Darjeeling and Kolkata, connected through internet enabled services.
• The system involves computerized collection and validation of the following data:
Daily green leaf plucking; daily area plucked; daily manpower used; daily green leaf transfer/purchase; daily processing; daily invoice entry; and daily dispatch records.
TRADE SUPPLY CHAIN AUDIT
• An independent certification agency has been appointed to conduct supply chain audit to validate the authenticity of the data collected.
• The certification agency will conduct onsite checking and verification of all the data submitted by all entities.
• Approximately 33% of the all the entities registered under each category will be audited each year, with every entity undergoing a complete verification once in 3 years.
LEGAL PROTECTION: INDIA
• Certification trade mark registration for the word and logo • GI registration • Copyright registration for the logo
LEGAL PROTECTION: INTERNATIONAL
• Collective mark protection: Belgium, Netherlands, Luxembourg, Germany, Austria, Spain, France, Portugal, Italy, Switzerland, Egypt and Lebanon
• Certification mark protection: UK, USA and Australia • Trade mark registration: Russia and Japan • EU – registration as a community collective mark and PGI
MONITORING • The World Wide Watch agency CompuMark has been
appointed to monitor conflicting marks globally since 1988 • Based on the feedback from the watch agency, the Tea Board
has initiated several enforcement actions such as oppositions/invalidation/cancellation actions; legal notices; court actions; and domain name cancellation actions against third-party misuse of Darjeeling.
• Actions initiated in several countries, including Bahrain, Belarus, Bangladesh, Canada, Estonia, France, Germany, Israel, India, Japan, Kuwait, Latvia, Lebanon, Lithuania, Norway, Oman, Russia, Sri Lanka, Taiwan, UK and USA.
ENFORCEMENT ACTIONS • Tea Board v. Tea Resource (Paris): Against registration of
TEAPICKER/MANGOJI logo which was deceptively similar. The Tea Board won and was awarded damages
• Delta Lingerie, S.A. of Cachan v. Tea Board (Taiwan):
Dilution of reputation in using Darjeeling for lingerie by a French company. The Tea Board won.
• Darjeeling v. Darjeeling Nouveau (USA): The Tea Board won
in an opposition filed against the registration of a conflicting trademark.
ENFORCEMENT ACTIONS contd.
• Tea Board v. Dusong (France) against registration of trademark Darjeeling for a tea pot. Registration cancelled.
• Tea Board v. The Republic of Tea (USA): Tea Board won in an opposition filed against the registration of a conflicting trademark.
PROMOTION ACTIVITIES • Brand building through promotional campaigns in diverse
markets • Conducting Tea Festivals in foreign countries • Running Darjeeling tea promotions together with retail chains
and speciality restaurants • Organizing seminars on GI • Issuing advertisements in the national and international media
promoting Darjeeling tea • Creating awareness through educational and communication
materials
BENEFIT OF GI PROTECTION • All 87 tea estates in Darjeeling are commercially operational
today with a consolidation of ownership in the Darjeeling tea industry
• Less fluctuations in prices at auctions
• Adherence to regulations and labelling guidelines
• Major tea brand owners have launched Darjeeling origin brands
• Hindustan Unilever Limited withdrew its famous Lipton Green Label brand and introduced Lipton Darjeeling in India
POCHAMPALLY IKAT
POCHAMPALLY IKAT
• Pochampally Ikat is a handwoven textile originating from Nalgonda and Warrangal districts of the south Indian state Telengana
• It has got its name from one of the villages where it is produced
• Tie-and-dye technique is used for making the designs • It has its own unique character of design, different from other
Ikat producing areas in India
ISSUES PRIOR TO GI REGISTRATION • Traditional markets were impacted due to the surge of spurious
products with lower cost from power looms • Reduced income for about 10000 weaver families • Employment opportunities shrunk • A large number of artisans switched to other callings • Therefore, the state government engaged an agency to study
and find solution • Confederation of Indian Industry and other organisations were
associated
GI PROTECTION
• Association of weavers in the area formed • Awareness seminars and workshops were organised • Documentation done and applied for GI registration • Pochampally Ikat was registered as GI number 4 in 2004 • Pochampally Handloom Weavers Cooperative Society Ltd.
and the Pochampally Handloom Tie and Dye Silk Sarees Manufacturers Association are the joint registered proprietors of the GI
SPECIFICATION AND UNIQUNESS • Made by a process of tying and dying the yarn prior to
weaving • Material is either cotton or silk or a combination of the two
only • Having single, combined or double Ikat in several illustrations: The use of diamond or chowka; Diagonal or square grids in which geometrical, floral figurative motifs are woven; Striped or chevron forms; and Other abstract variations.
BENEFIT OF GI PROTECTION • Large media attention to the product and the artisans • Resulted in morale boost for the weavers • Increased visibility resulted in the expansion of the market • About 20% increase in the market • Products are made available through online sale • Increased Investment • Pochampally Handloom Park established in public private
partnership • Tie ups with major retail chains and textile brands
NOT SO SUCCESSFUL ONES
VENKATAGIRI SAREE
VENKATAGIRI SAREE
• Venkatagiri saree is a handloom textile product from Venkatagiri, a small town situtated in Nellore district of Andhra Pradesh in South India
• It has a history of more than 300 years • Venkatagiri saree is a light coloured, light weight and soft to
touch cotton saree • Made of pure cotton with elaborate zari work and often with
gold and silver on borders • Suitable for humid and hot weather conditions
GI REGISTRATION
• The Kasipeta Handloom Weavers Cooperative Production and Sale Society applied for registration in 2009
• Registration obtained in 2011 • Uniqueness of the product described as “The workmanship of Venkatagiri sarees primarily adopts, a bold
ribbon of zari as border, and in the pallu of the sari with traditional peacock, swan, parrot, mango, buttileaf and gold coin designs interspersed all over the saree in zari or thread. It is believed that no other variety of cotton saree incorporates the amount of elaborate zari work as in the Venkatagiri sarees.”
POST REGISTRATION
• Earlier weavers used to weave only 5-10 designs • Introduced more than 400 designs post GI registration to
attract younger generation • The Andhra Pradesh State Handloom Weavers Cooperative
Society Ltd (APCO) promoted Venkatagiri sarees along with other handloom products
DECLINE OF THE MARKET • Reports indicate that the GI tag has not helped the weavers to
increase their income (The Hans India June 29, 2015) • The designs are being copied and produced using power looms
in neighbouring state of Tamil Nadu; but no legal action taken. • Consequent to lack of demand of the product and low and
uncertain wages, young weavers switched to other professions • The number of active looms in the village has diminished from
2500 to 500 in the last few years (The Hindu, September 22, 2012)
WHY UNSUCCESSFUL
• Lack of proper publicity for the rare distinction of the product • Lack of awareness on the benefits and economic activities • No strict quality control and monitoring • No clear marketing strategy • No continuous training and program for skill development for
weavers • Failure in taking action against infringers
PAYYANNUR PAVITHRA RING
THE PRODUCT
• It is a golden ring having ritualistic importance • Originates from Payyanur, a small town in the Kannur district
in Kerala • Pavithram means pure and its history closely associates with a
local Hindu temple • Traditionally made by local gold smith community
SPECIFICATION • The ring is shaped like a knot and has three layers or curvy
structural lines in the design and these lines represent three nerves on a human body namely Ida, Pingala and Sushumna. These three lines on the center and edges of the ring converge at a certain point and forms a knot. These knotted design is called Pavithrakettu and the bumps of the knot represent the glands of human body. There is also lotus buds design though out the ring and other designs which represent a miniature representation of solar system
• These rings are available in different dimensions and the largest one weighs up to 38.5 grams
•
OPPOSITION • The application for registration was filed in class 14 in 2004
by Payyannur Pavithra Ring Artisans and Development Society
• Accepted and published in the GI Journal No. 7 • Opposition filed by one of the artisans alleging inter alia that
the applicant is not eligible to be an applicant, many prominent artisans in the locality were not included in the applicant society, and many data provided in the application were incorrect
• Opposition dismissed and registration was granted in 2010
CANCELLATION ACTION: IPAB • A cancellation action was filed before the Intellectual Property
Appellate Board (IPAB) • In 2012, the IPAB had cancelled the registration and remanded
the application to the GI Registry for reconsideration on the following grounds: The association represented the interests of the producers
was not substantiated. A mere claim that the society is called Payyannur Pavithra Ring Artisans and Development Society is not suffice.
The particulars of producers, the nature of their involvement, etc. were not given.
CANCELLATION ACTION: IPAB contd.
The affidavits filed by several persons revealed that many actual interested persons were left unaware about the application being filed.
None in the Consultative Group constituted by the GI Registry to examine the application was familiar with the craftsmanship of gold/ jewellery.
It was observed that the disputes in IP matters are not just private disputes, but they always carry public interest element.
When these creators or makers complain that the application has been made behind their back, we cannot allow the registration to remain.
BACK TO THE GI REGISTRY • The application was sent back to the GI Registry • In the meantime, another application was filed for the GI
“PAYYANNUR PAVITHRA MOTHIRAM” by Sree Choovatta Valappil Tharawad Dharmadaiva Paripalana Trust in 2013
• The Registry merged this application with the earlier application
• The Registry’s Consultative Group of experts (CG Group) under the chairmanship of the Registrar of GI had reviewed the application
GI REGISTRY’S DECISION • The CG Group had observed that: The artisan cluster was organized in four groups and they were
opposing each other. There are only a few actual artisans, and they were not ready
to get together under a single entity. The applicant of the second application is a private trust and
other artisans are restricted to become its members. • Therefore, it was held that the applications cannot be accepted
unless the producers approached the Registry together with a meeting of minds.
WHY UNSUCCESSFUL
• Lack of unity among the producers • Vested interests in forming the producers’ association • The local politics and family politics played a major role • Lack of awareness of the concept and the benefit by standing
unite
STRATEGIES TO ENHANCE GI VISIBILITY
CURRENT SCENARIO
• 295 GIs have been granted registration till date • Most of the registered GIs are originated from rural locations • Handlooms, handicrafts and agricultural products constitute
major number of the GIs • The Registered proprietors of a good number of GIs are
government organizations • A large number of registered GIs are not properly utilizing the
benefits of the GI tag
CREATION OF IDENTITY • Brand value of a GI largely depends on the unique identity of
the GI • GI’s identity must be protected from dilution • Consistent product quality is important • Lack of quality control mechanism impactc the consumer trust • Effective enforcement actions against misuses and
infringements of the GI, with wide publicity • Monitor the market regularly
BRAND BUILDING • A strong brand identity should be developed • A well structured organisation is essential to manage the GI • Develop an attractive logo to use on the products • Use catchy tag lines and slogans • Implement labelling policy • Brochures, pamphlets, hoardings, and other publicity materials • Explore all opportunities such as exhibitions and seminars • Exploit the possibilities of the social media • Tie up with the tourism sector
ROAD FORWARD • Constant need of capacity building and awareness among the
stakeholders and the consumers • Need of government support to the GIs having potential • Organize national level exhibitions in different parts of the
country to showcase GI products • Showcase them in the international events as well
