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BACKDROP

The protection of Geographical Indications (GIs) has, over the years, merged as
one of the most contentious intellectual property rights IPRs) issues in the
realm of the Agreement on TradeRelated Aspects of Intellectual Property
Rights (TRIPS) of the World Trade organization (WTO). TRIPS defines a GI as
any indication that identifies a good as originating from a particular place,
where a given quality, reputation or other characteristics of the good are
essentially attributable to its geographical origin. GIs, as defined by TRIPS,
need not always be geographical names (such as name of a town, region or
country) to designate the origin of the goods to which they are associated, but
may consist of symbols as well, if such symbols are capable of indicating the
origin of the goods concerned without literally naming the place of their
origins.
GIs serve to recognize the essential roles played by geographic and climatic
factors and/or human knowhow in the end quality of certain products. Much
like trademarks, the economic rationale of GI is based on the information
asymmetry. Between buyers and sellers in the market and role of reputation,
conveyed through distinctive signs, in tackling such asymmetry. Thus GI acts as
a signalling device that helps the producers to differentiate their products
from competing products in the market and enable them to build a reputation
and goodwill around their products, which often fetch a premium price.
Various studies have quantified the price premium associated with certain GI
products. A consumer survey undertaken in the European Union (EU) in 1999,
for instance, found that 40 percent of consumers would pay a 10 percent
premium for originguaranteed products.2 Econometric models employing

hedonic pricing techniques also support the willingness to pay more for GI
products. Though anecdotal, these studies bear testimony to the fact that GIs
do have the potential to fetch a significant increase in the valueadded through
premium pricing.
Protected effectively, GIs may yield certain socioeconomic benefits. For
instance, GI is often regarded as a potential means for protecting traditional
knowledge. While the suitability of GI in performing this role is not free from
limitations, it is widely believed that effective protection of a GIproduct, by
way of preventing loss of value through copying, free riding or usurpation,
could go a long way in increasing the inflow of cash income to the community
involved in its production. Hence, GI is often cited as a tool that has the
potential to contribute to rural development though indirectly through a
reduction in income poverty.
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 practices 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 socioeconomic benefits emanating from this IP, it is
essential to ensure an appropriate legal protection for GIs at the national as
well as the international level.
At the international level, prior to the TRIPS Agreement, which for the first
time brought to the fore the specific legal concept of GI in the multilateral
arena, there were mainly three international conventions dealing with

protection of related concepts like indications of source and appellations of


origin: the Paris Convention for the Protection of Industrial Property (1883),
the Madrid Agreement (1891) and the Lisbon Agreement for the Protection of
Appellations of Origin and their International Registration (1958). While the
Paris Convention and the Madrid Agreement dealt with indications of source,
the Lisbon Agreement focused on protection of appellations of origin.
Nevertheless, given the restricted scope of protection afforded by these
multilateral conventions and the limited number of signatory states, none of
these treaties could render any significant impact on the global protection of
these indications. Given such a scenario, the advent of the TRIPS Agreement
constituted an important step forward for the international protection of GIs.
GI AS A TOOL FOR PROTECTING TRADITIONAL KNOWLEDGE
In the light of the growing importance attached to traditional knowledge (TK)
and related concerns about preserving cultural and biological diversity,
protection of TK has assumed enormous significance in the recent past. TK,
however, is a multidisciplinary and complex area. There is no universally
accepted definition of TK. Even the World Intellectual Property Organisation
(WIPO) uses the term TK in two senses, one narrow and one broad. In its
narrow sense, TK refers to the content or substance of knowledge that is the
result of intellectual activity and insight in a traditional context, and includes
the knowhow, skills, innovations, practices and learning that form part of TK
systems, and knowledge that is embodied in the traditional lifestyle of a
community or people, or is contained in codified knowledge systems passed
from one generation to another. It is not limited to any specific technical field,
and may include agricultural, environmental, medicinal knowledge, and

knowledge associated with genetic resources. The broader definition of TK


used by WIPO is an allencompassing and working concept, which states that:
Traditional knowledge refer*s+ to traditionbased literary, artistic or
scientific works; performances; inventions; scientific discoveries; designs;
marks, names and symbols; undisclosed information; and all other tradition
based innovations and creations resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
Tradition based refers to knowledge systems, creations, innovations and
cultural expressions which have generally been transmitted from generation to
generation; are generally regarded as pertaining to a particular people or its
territory; and, are constantly evolving in response to a changing environment.
Categories of traditional knowledge could include: agricultural knowledge;
scientific knowledge; technical knowledge; ecological knowledge; medicinal
knowledge, including related medicines and remedies; biodiversityrelated
knowledge; traditional cultural expressions (expressions of folklore) in the
form of music, dance, song, handicrafts, designs, stories and artwork;
elements of languages, such as names, geographical indications and symbols;
and, movable cultural properties. Excluded from this description of traditional
knowledge would be items not resulting from intellectual activity in the
industrial, scientific, literary or artistic fields, such as human remains,
languages in general, and other similar elements of heritage in the broad
sense (WIPO, 2002, p.11).
Certain intellectual property (IP) mechanisms are considered to be more
suitable for the protection of TK than others. GI seems to be one of those
mechanisms because GI as an instrument of IP protection has peculiar

features, which in contrast to other IPRs, are considered to be relatively more


amenable

to

the

customary

practices

of

indigenous

communities

(Rangnekar,2002, p.15):

Knowledge remains in the public domain: No institution (firm or

individual)

exercises

exclusive

monopoly

control

over

the

knowledge/information embedded in the protected indication (or the good),


which remains in the public domain.

Rights are (potentially) held in perpetuity: Generally, a GI is protected as

long as the distinctive goodplace link is maintained and the indication is not
rendered generic. Certain systems of GI protection, however, require
registration and its subsequent renewal (like in India).

The scope of protection is relatively circumscribed: The scope of

protection does not include the right to assign an indication a right that
exists for trade marks (Article 20) and patents (Article 28.2) within the TRIPS
Agreement. All enterprises fulfilling the conditions specified in a GI have the
right to use the indication but do not have the right to authorise use to
others. Moreover, the goodplace link underlying GI protection automatically
prohibits the transfer of the indication to nonlocale producers and the use of
the indication on similar goods originating from outside the designated
geographical area. In effect, the result of protection is to limit the class and/or
location of people who may use the protected indication.
However, a major limitation of GI as a means of TK protection is that it does
not in any way protect the knowledge embodied within the good and/or the
associated production process. Consequently, neither is protection of GIs a
guarantee against the misappropriation of TK nor are other strategies to

protect TK precluded by the use of GIs. Notwithstanding such caveats, it may


still be asserted that to the extent that products draw on distinctive traditional
methods of production that have been preserved and nurtured over time by
communities specific to a region, GIs can be used as a legal tool to develop,
market and protect a brand (Downes and Laird, 1999).
Given that most of the Indian GIs are linked to artisanal works and agriculture
and that these are some of the sectors that provide livelihoods for a vast
section of the rural poor in this country the rural development implications
of GIs in India is an area worth focusing on. As for TK, even if GI cannot protect
the knowledge as such, if managed appropriately, it can definitely act as an
effective tool for brandbuilding and combating counterfeits for the TKbased
products of India. GI assumes added significance for India in view of the fact
that in face of competition from cheaper imitations or other competing
products that are increasingly wedging their way into the fastchanging
markets in the era of globalization, most of these traditional products and the
people involved therein are struggling hard to stay in business. The worst
affected in the whole process are the actual producers or artisans at the
bottommost stratum of the supply chain, who are the most vulnerable ones.
Poor working conditions, low wage and insecurity often force these artisans to
explore alternative means of livelihood leaving behind their ancestral business,
as revealed by the scenario of Baranasi. What is more alarming is a general
lack of interest among the new generations of these communities to continue
with their ancestral professions. The reasons are not difficult to find when one
looks at the distressful conditions of these communities. If this kind of
situation is allowed to continue, much of the rich artistic heritage of India and
the associated TK might become extinct in the course of time. Importantly, the

traditional techniques and skills as well as the end products emanating out of
them are not only a means of livelihood for the communities involved therein
but are also a form of their cultural expression, which makes the preservation
of these arts and crafts all the more crucial.
In our view, legal protection as GIs, when coupled with an effective
enforcement, may go a long way in helping the genuine right holders of these
products in combating freeriding and counterfeiting. Leaving aside the
potential of securing a premium price, the enhanced possibility of regaining
the market share (either partly or fully) previously lost to imitations may itself
bring home higher financial returns to the genuine right holders.
Hence, GIs do have the potential to contribute towards the socioeconomic
wellbeing of the actual producers/artisans, provided they receive a fair share
of the benefit pie. However, there is no guarantee that the benefits that may
accrue from the GI status would be shared equitably among various tiers in the
supply chain of the product concerned. Because, it is generally observed that
different tiers in a supply chain and the actors involved therewith are
differentially endowed with economic and bargaining power and that actual
producers and artisans, generally belonging to the bottommost stratum, are
usually the most vulnerable ones with very little bargaining strength. Hence,
one cannot rule out the possibility of more powerful actors in the supply chain
appropriating a disproportionate share of the benefits and in the process
nullifying to a large extent, the development potential of GIs. In view of such
adverse possibilities that may arise, there is a strong case for strategic
intervention on the part of public or quasipublic institutions here.

At the national level, there exist significant divergences among WTO


Members with regard to the modes of protection of GIs. The WTO
Secretariat has classified all these diverse means of protection into three
broad categories: (i) laws focusing on business practices; (ii) trade mark law;
and (iii) sui generis protection.
As far as India is concerned, although the country has had in its possession
a considerable number of products that could qualify as geographical
designators, the initiatives to exploit this potential began only recently when
the country established a sui generis system of GI protection with the
enactment of The Geographical Indications of Goods (Registration &
Protection) Act, 1999 (GI Act), coupled with the Geographical Indications of
Goods (Registration and Protection) Rules, 2002 (GI Rules). Prior to the
enactment of this legislation there was no separate law dealing specifically
with GIs in India? However, there were three different ways in which the
thenexisting legal systems of the country could be utilized for preventing
the misuse of GIs: (i) under the consumer protection acts; (ii) through
passingoff actions in courts; and (iii) through certification tradem arks
(Das, 2006a, p.465). The GI Act was drafted as a part of the exercise in the
country to set in place 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 of India has established the Geographical
Indications Registry with all India jurisdiction in Chennai. The GI Act is
being administered by the Controller General of Patents, Designs and Trade
Marks who is the Registrar of Geographical Indications.

HIGHLIGHTS OF THE TRIPS PROVISIONS ON GIS


TRIPS provides the minimum standards of IPRs protection that WTO
Members are obliged to comply with. Members however, are free to
implement more extensive protection, provided such protection does not
contravene the provisions of the Agreement. TRIPS also leaves it up to the
Member countries to determine the appropriate method of implementing
the provisions of the Agreement within their own legal system and practice
(Article 1.1 of TRIPS).
Section 3 of Part II of the TRIPS Agreement incorporates provisions for
protection of GIs in three articles:

Article 22 contains a definition of GIs and sets out the general


standards of protection that must be available to all GIs;

Article 23 deals with the additional protection granted to GIs for


wines and spirits; and

Article 24 lays out certain exceptions and also creates room for
future negotiations in GIs.

ARTICLE 22: BASIC PROTECTION


Section 3 of Part II of TRIPS begins by defining GIs in Article 22.1, as follows:
Geographical indications are, for the purposes of this Agreement,
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.
Implicit in the TRIPS definition is the idea that the indication must evoke
the geographical origin of the good. However, it need not necessarily be a
geographical name. Any other symbol (e.g. Feta cheese) would suffice as
long as it succeeds in evoking the geographical origin of the good. Notably,
the definition categorically refers to good, thereby leaving out services
from the scope of GI protection. As per the definition, the good must
necessarily possess a given quality, reputation or other characteristic
essentially attributable to the designated geographical area of origin. It is
important to note that, ceterius paribus, each one of these qualifiers is in
its own merit a sufficient condition for the grant of GI protection.
However, TRIPS does not define any of these qualifiers, leaving it to the
discretion of WTO Members. Given such flexibilities available in the
definition of the subject matter (GIs) under TRIPS, its counter parts in the
national legislations of Member countries vary widely.
Article 22.2 requires WTO Members to provide the legal means for
interested parties to prevent the use of any means in the designation or
presentation of a good that indicates or suggests that the good in question
originates in a geographical area other than the true place of origin in a
manner which misleads the public as to the geographical origin of the
good. It further prohibits any use, which constitutes an act of unfair
competition within the meaning of Article 10bis of the Paris Convention
(1967).
Article 22.3 obliges Members to refuse or invalidate the

registration of a trademark, which contains or consists of a GI with respect


to goods not originating in the territory purported, when this could
mislead the public as to the true place of origin of the product. This
provision, among a few others, between GIs and trademarks.

Article 22.4 extends the protection enshrined in the previous three


paragraphs of Article 22 to a GI, which, although literally true as to the
territory, region or locality in which the good originates, falsely represents
to the public that the good originates in another territory. In other
words, this provision relates to homonymous GIs. Homonymous GIs are
geographical names, which are spelled and pronounced alike, but which
designate the geographical origin of products stemming from entirely
different geographical locations. For instance, Rioja is the name of a
region in Spain as well as a region in Argentina and the designation is used
for wines produced in both countries. This kind of situation often arises in
the case of former colonies. For instance, when people from one country,
say France, emigrated to another country and set up a village/town there,
they might have given that new village/town the name of their native
village/ region of origin, which may be famous for a special kind of good,
say, cheese. In such a case, if the new village/town produced cheese under
its name it could (depending on the circumstances of each case, of course)
falsely represent to the public the origin of the cheese. Interestingly, unlike
TRIPS, the counterpart of Article 23 in the GI Act does not restrict itself to
wines and spirits only. Rather, it has been left to the discretion of the
Central Government to decide which products should be accorded such
higher level of protection. This approach has deliberately been taken by the

drafters of the Indian Act with the aim of providing the Article 23type
stringent protection to GIs of Indian origin, most of which do not relate to
wines or spirits. However, other WTO Members are not obligated to ensure
Article 23type protection to all Indian GIs, thereby leaving room for their
misappropriation in the international arena.
Aware of the inadequacy of the protection granted under Article 22,
since 1996, India, along with a host of other likeminded countries (e.g.
the EU, China, Kenya, Mauritius, Nigeria, Pakistan, the Slovak Republic,
Slovenia, Sri Lanka, Switzerland, Thailand and Turkey) has been pressing for
an extension of the ambit of Article 23 (henceforth extension) to cover all
categories of goods. However, countries like the United States (US),
Australia, New Zealand, Canada, Argentina, Chile, Guatemala, Uruguay are
strongly opposed to the extension. Although, the issue of extension is a
part of the ongoing negotiations on TRIPS at the WTO under the ongoing
Doha Round of trade talks, owing to the wide divergence of views among
WTO Members, not much progress could be achieved in this regard so
far. Interestingly, in sharp contrast with some of the other controversial
IPRs issues in realm of the WTO, such as access to medicine, or TRIPSCBD,
in its simplest form, the principle of passingoff states that Noone is entitled
to passoff his goods as those of another. The principal purpose of an
action against passing off is therefore, to protect the name, reputation and
goodwill of traders or producers against any unfair attempt to free ride on
them. Though, India, like many other common law countries, does not have
a statute specifically dealing with unfair competition, most of such acts of
unfair competition can be prevented by way of action against passing off.
On the domestic front, India has meanwhile made considerable

strides towards ensuring protective cover for its rich heritage of traditional
products under the GI Act. Till 15 August 2009, 106 GIs of Indian origin
were registered in India. These include diverse categories of products, such
as Darjeeling (tea), Malabar

pepper, Pochampally Ikat (textiles),

Madhubani paintings, Bastar wooden craft (handicraft). However, there


are several practical challenges confronting the stakeholders in India when
it comes to the realization of the potential benefits ingrained in the
registered GIs. Apart from effective enforcement of GIs in the relevant
markets (domestic and export), success of a GI is contingent, in a large
measure, upon appropriate marketing and promotion of the product tasks
that are not only resourceintensive but also challenging to execute for
many stakeholders from a developing country like India. Another tricky
issue is how to ensure that a fair share of the benefits (if any) accruing from
the

GI

status

of

product

percolates

down

to

the

actual

producers/artisans.

REGISTRATION PROCEDURE OF GIS IN INDIA


Section 11(2) of the GI Act specifies the documentation requirements for
applying for a GI in India. Section 32(1) of the GI Rules replicates these
provisions and in addition

stipulates a few more documentation

requirements that include, among other things, the following:

A statement as to how the GI serves to designate the goods as originating


from the concerned geographical territory in respect of specific quality,
reputation or other characteristics that are due exclusively or essentially

to the geographical environment, with its inherent natural and human


factors; and the production, processing or preparation of which takes
place in such geographical location;

The geographical map of the territory concerned;

The particulars regarding the appearance of the GI as to whether it is


comprised of the words or figurative elements or both;

An affidavit as to how the applicant claims to represent the interest of


the association of persons or producers or any organization or authority
established by or under any law;

The standards benchmark for the use of the GI or the industry


standard as regards the production, exploitation, making or manufacture
of the goods having specific quality, reputation, or other characteristic of
such goods that is essentially attributable to its geographical origin with
the detailed description of the human creativity involved, if any, or other
characteristic from the definite geographical territory;

The particulars of the mechanism to ensure that the standards, quality,


integrity and consistency or other special characteristic in respect of the
goods to which the GI relates, which are maintained by the producers,
makers or manufacturers of the goods, as the case may be;

The particulars of special human skill involved or the uniqueness of the


geographical environment or other inherent characteristics associated
with the GI to which the application relates;

The particulars of the inspection structure, if any, to regulate the use of


the GI in respect of the goods for which application is made in the
definite territory, region or locality mentioned in the application.

Upon receipt of an application, it is scrutinized by the examiners and in

case any deficiencies are found, a notice is sent to the applicant to


rectify them. After rectification, the applicant is required to send her reply
within one month from the date of receipt of the notice.
The next stage is the constitution of a Consultative Group of technical
experts, chaired by the Registrar, to ascertain the correctness or
otherwise of the particulars furnished in the application. Subsequent to
examination, the Registrar may refuse the application altogether or may
accept it either absolutely or subject to certain conditions, modifications,
etc. Accordingly, on the basis of the comments provided by the
Consultative Group, an Examination Report is issued by the Registrar.
Compliance, if any, is to be done within two months from the date of
communication of the Examination Report to the applicant. Once the
objections raised in the Examination Report are satisfactorily responded to
by the applicant, and the application is accordingly accepted by the GI
Registry, it is advertised in the GI Journal, which is a bimonthly, bilingual
(English and Hindi) statutory publication.
Upon advertisement, any person may, within a specified time period
(generally 3 months, but if needed 4 months), oppose the application in
writing. If the application passes through the specified time period
unopposed, or in the event of an opposition, if it is decided in favor of the
applicant, the Registrar is required to register the concerned GI as well as
the authorized users and include the particulars in the GI Register. Upon
registration of a GI, the Registrar is required to issue each to the
applicant and the authorized users a certificate sealed with the seal of the GI
Registry. Notably, the date of filing of the application is deemed to be the

date of registration.

GI REGISTRATION PROCEDURE IN INDIA


FILING OF AN APPLICATION

Preliminary scrutiny such as, forms, size of documents, signature, address, class
applied for, clarity of GI label, translation and transliteration, power of
attorney, etc.

Data entry, scanning


Refer technical details to consultative group of experts

Issuance of Examination Report

RIGHTS CONFERRED BY REGISTRATION


TO THE AUTHORISED USERS (ENTERED IN PART B OF THE GI REGISTER): THE EXCLUSIVE RIGHT
TO USE THE REGISTERED GI
TO BOTH THE REGISTERED PROPRIETOR AND THE AUTHORISED USERS: THE RIGHT TO OBTAIN
RELIEF IN RESPECT OF THE INFRINGEMENT OF THE GI IN THE MANNER PROVIDED BY THE ACT

Show cause stage

Publication in the GI Journal

If no opposition
[3+1 months' waiting

period]
OPPOSITION

IF OPPOSITION
IS ALLOWED,
APPLICATION
IS REFUSED

ISSUANCE OF REGISTRATION
CERTIFICATE

IF OPPOSITION IS
DISMISSED,
APPLICATION TO
PROCEED TO
REGISTRATION

APPEAL IN EITHER CASE TO


THE INTELLECTUAL PROPERTY
APPELLATTE BOARD

EFFECTS OF REGISTRATION
It is prima facie proof of the
ownership of the GI and its
validity thereof, and is
admissible in all courts in
India without further proof or
the production of the original

BRAND-BUILDING AND MARKETING


When it comes to reaping commercial benefits out of GI status, it needs to
be recognized that GIs do not sell themselves. The market potential for
this niche is actually contingent on the consumer recognizing and valuing
the productplace link. Hence, the success in exploiting the commercial
potential of a GI is, to a great extent, dependent on effective marketing and
promotional efforts to develop consumer perceptions about the product,
its quality and value. Building up reputation about a GIproduct is not an
easy task, however. It takes enormous time, patience, resources, quality
control and wellcrafted marketing strategy, to name a few, to create a
valuable GI. Champagne, for instance, is said to have taken as long as 150
years to develop that premium brandimage.

Marketing and promotion of GIproducts in foreign countries is


certainly more challenging and tricky than doing so in the domestic market,
particularly for those GIs that do not have any reputation in the global
market. The greatest challenge in this respect is posed by the developed
countries,

where

consumers

actually

have

sufficient

incomes

to

potentially pay a premium. While marketing efforts in these countries


require a sustained commitment of resources for a long period of time,
there is no set formula to ensure the success of an emerging GI in these
markets, nor is there any guarantee of such success. For most of the Indian
GIs that do not have any established image in these markets, consumers in
the developed countries would have to be informed of the existence of a
GI as well as its whereabouts and would be required to be convinced of the
quality associated with it. Once consumers have been successfully induced

to try the new product and have enjoyed a positive experience, a different
form of marketing effort would be required. Novelty consumption must be
replaced by sustained consumption. This is an even more difficult task,
because consumers would be continually presented with new novel
products. Given that consumer preferences are often unstable, the initial
success enjoyed by a novel GI may not be sustainable over time, making
the resourceintensive marketing and promotional efforts a risky venture
(Yeung and Kerr, 2008, pp.16, 20).

As far as distribution channels are concerned, different routes may


have to be adopted in different countries for selling the same product.
For instance, for the ethnic/traditional crafts products DirectRetail
Importers may be appropriate for distribution in the Unites States,
whereas in the European Union buying & selling agents and various Fair
Trade channels may turn out to be a better route (Frost & Sullivan, 2005,
p.395). In case of agrofood products, selling through retailers and
supermarkets may be the best option in countries with highly
concentrated supply chains (e.g. the UK); whereas, using local markets,
direct selling and specialized outlets may turn out to be a better option in
countries that are dominated by such marketing avenues (e.g. Italy, parts
of France, etc.) [Rangnekar, 2004, p.33]. Importantly, producers of GI
products may have to contend with the economic power of various
intermediaries to reach the market. Processors, for instance, are
increasingly penetrating the supply chains of agrofood products to
substantially control most aspects of the production process, often making
the primary producer significantly dependent on them. In the case of

coffee and tea, where India has in its possession quite a few GIs, a handful
of processing companies control a large share of the global trade. Equally
problematic is the position occupied by a handful of retail companies, on
account of their growth and concomitant economies of scale and scope
(Rangnekar, 2004, pp.2729). Given such complexities, an appropriate
marketing and distribution strategy is an essential prerequisite for a GI to
act as an effective commercial tool.
Importantly, success of any brandbuilding exercise in GIs is
contingent, in alarge measure, upon standardization and quality control.
Empirical research using hedonic price technique has revealed that
consumers willingness to pay a premium for a GIproduct is strongly
correlated to its quality. This calls for specifying quality standards during
the registration process and strict adherence to those standards by all
actors in the supply chain. However, arriving at an agreement on standards
is in itself a difficult exercise owing to the collective action problems.
Even when standards are agreed to, there must be a realization by all the
actors that adherence to the codes of practices is essential for the success
of the GI. Breach of standards even on the part of a single actor, be it
intentional or unintentional, may eventually turn out to be damaging for
the reputation and value of the GI. According to some commentators,
given the collective nature of the rights to a GI, provision for the
exclusion or neutralization of those who underperform or purposely
threaten the integrity of the GI must be made prior to establishing the GI
in other words the individuals rights in the GI must be made conditional
on performance and integrity (Yeung and Kerr, 2008, p.25).
Quality control and enforcement calls for establishment of an

effective

regulatory mechanism, preferably comprising third parties.

However, the flipside is that stringent standardization and quality control


may often end up imposing detrimental rigidities in the system hindering
its ability to accommodate innovations and experimentations in line with
technological development as well as change in consumer tastes and
preferences. Moran (1993) has observed that Countries adopting systems
of geographic indications which are too rigid or restrictive may find that they
undermine the innovation and flexibility that is one foundation of the
success

of

their industries.

Such

rigidities may render

the GI

uncompetitive in the market over time.


Coming to India, as mentioned in Section 4, there is a provision in the
Indian GI Act and Rules that calls for furnishing of information on the
particulars of the mechanism to ensure that the standards, quality,
integrity and consistency or other

special characteristicwhich are

maintained by the producers, makers or manufacturers of the goods. It


also requires the applicant to furnish the particulars of the inspection
structure, if any, to regulate the use of the GI in the definite territory
region or locality mentioned in the application (emphasis added). However,
as indicated by the phrase if any, the inspection structure is not a
mandatory requirement to be fulfilled while registering GIs in India. As for
quality control, often furnishing details about initiatives/plans to set in
place quality control mechanisms

(rather than already established

mechanisms) may be sufficient to get a GI registered, while the mechanism


may follow suit. In our view, while it is imperative on the part of the GI
Registry to implement these provisions stringently, it is also important for
the stakeholders of GIs in India to ensure that appropriate quality control

mechanisms are set in place.

As for Muga silk, this unique variety of goldencoloured, natural silk fabric
of the Indian state of Assam, got registered as a GI in July 2006 without any
established inspection and quality control mechanism in place. However,
realizing the importance of quality control and homogeneity in building a
brand image, initiatives are now underway on the part of the state
government of Assam, in association with certain other agencies, to set in
place an effective inspection structure that would deal, among other
things, with issues like traceability; geographical origin and boundary, and
would also take care of the quality aspect in different stages of the supply
chain through a system of thirdparty quality control and assessment. The
inspection structure is thus envisaged as a comprehensive system that
would certify Muga Silk both in terms of origin and conformity to precise
rules of processing and manufacturing to guarantee its typicity. With this
aim in view, the Law Department of Assam is supposed to prepare
appropriate rules in line with those pertaining to some of the famous
European GIs like Champagne, Cognac, etc.(Sarma, 2008).
In case of Chanderi Fabric, quality is becoming a critical
consideration in marketing especially for highend consumers in India and
abroad. Hence, the GI implementation strategies of the Chanderi
Development Foundation (CDF) the registered proprietor of this GI
include quality aspect, among other things:

Use of the GI status as a distinguishing marketing tool;

Ensure the quality to uphold the GI standards;

Brand building efforts through:


Use of the GI Logo on each product;
Ccreation of similar bill book by all users;
Use of tags, brochures etc. for awareness building of consumers.

Sensitization workshops and publicity campaigns for GI in various cities;

Creation of a cluster level website for larger outreach (Gulati, 2007).

Many registered GIs in India are yet to venture effectively into this risky
and challenging territory. Most of them are not yet geared towards global
markets. In fact, a number of registered GIs would not be recognized even
in other parts of India beyond the vicinity of their geographical origin, let
alone in foreign countries. Hence, despite their GIstatus, such products are
unlikely to sell at a premium all over India, unless appropriate marketing
and promotional efforts are undertaken to build them as brands at least
within the country, if not in the rest of the world.

GIS, TRADITIONAL KNOWLEDGE AND RURAL DEVELOPMENT


GI is often regarded as a potential means for protecting traditional
knowledge (see Box 2). This is because, GI as an instrument of intellectual
property (IP) protection has certain peculiar features, which in contrast to
other IPRs, are considered to be relatively more amenable to the customary
practices of the indigenous communities:

GI is a collective right,

Knowledge remains in the public domain,

Rights are (potentially) held in perpetuity (though registration might be

required in some countries, like in India),

The scope of protection is relatively circumscribed in the sense that (i)

the right holders do not have the right to assign and (ii) they are required
to remain within the demarcated geographical territory in order to be able
to enjoy their GI rights (Das, 2007a, pp.34).
In addition, GIs are considered to be relatively free of the many adverse
socio economic implications of corporate control and accumulation of IPRs.
Free from limitations.

The foremost problem emanates from the fact that while GI can protect
products

from

misappropriation

of

their

geographical

originbased

reputation, they cannot protect the knowledge embedded in their


production processes, which often form part of the TK of the communities
involved therein. Notwithstanding such caveats, it may still be asserted that
to the extent that products draw on distinctive traditional methods of
production that have been preserved and nurtured over time by
communities specific to a region, GIs can be used as a legal tool to develop,
market and protect a brand (Downes and Laird, 1999).
It is widely believed that an effective protection of a GIproduct, by way of
preventing loss of value through copying, free riding or usurpation, could
facilitate in increasing the inflow of cash income to the community
involved in its production. Hence, GI is often cited as a tool that has the
potential to contribute to rural development, though indirectly, through a
reduction in income poverty of the rural poor.

CASE STUDY 1: POCHAMPALLY HANDLOOM CLUSTER RECEIVES IPR


PROTECTION
ABSTRACT
The famous Pochampally tie-and-dye & Ikat sari has won Intellectual Property
Rights protection. It is the first traditional Indian craft to receive this status of
geographical branding. The design won protection in the Geographical
Indications category. This will protect the Pochampally handloom sari from
unfair competition and counterfeit. An estimated one hundred thousand
weavers in Andhra Pradesh may benefit from the granting of Intellectual
Property Rights to the traditional tie-and-dye fabric, which has seen falling
demand due to competition from cheaper fabrics copying from their design.
CASE ANALYSIS:
When Pochampally became the first handloom product of India to get GI
status under the GI Act in December 2004, it attracted a lot of media attention
which helped in the revival of this brand. The multipronged approach of the
Cluster Development Programme, under which the GI got registered, also
helped in product development, diversification, design innovation, quality
control, among other things and contributed in building the brand image of
Pochampally Ikat. Interestingly, some of the producers of Pochampally Ikat
also got their own trademarks registered with the aim of developing their own
brands, such as Chikat, Ikat Art. The latest initiative of establishing a
Pochampally Handloom Park (to be discussed later in this article) is aimed at
developing Pochampally Ikat as a brand and taking it to another level.

While some GIs in India have initiated the marketing and promotional efforts
in the right earnest, as exemplified above, their eventual success would be
contingent upon their ability to devote adequate resources and sustained efforts
as per wellknit strategies.
Pochampally is a small town in Nalgonda district of Andhra Pradesh, a
handloom cluster is known for its very unique Ikat design for centuries. It has
about 5000 weavers who weave the handloom with traditional design called
Ikat. With the objective of converting this uniqueness into commercial value,
the Textiles Committee launched a cluster initiative under its Cluster
Development Programme to facilitate the local associations Pochampally
Handloom Weavers Co Op. Society Ltd, an autonomous society registered
under the society Act 1860 and Pochampally Handloom Tie & Dye Silk Sarees
Manufactures Association an association established under the law are the
two bodies that are responsible for production and marketing of Pochampally
Ikat. The Directorate (Handlooms & Textiles) Government of Andhra Pradesh,
Weavers Service Centre (WSC), APTDC, NABARD have been involved in the
process of GI registration. The services of APTDC used for filling before GI
registry and NABARD has provided funds under its DRIP to cover the costs
involved.
Protecting through the GI system would perhaps be the first step towards a
total overhaul of production and commercial practices in Pochampally and go a
long way towards strengthening and developing the

cluster. The new

generation and the weavers in Pochampally are keen to learn the skill and
Pochampally products are amenable for diversification to suit latest fashion
trends. Moreover, development of an export market of apparel fabric and
furnishing is not far-feted thought.

GI protection in cluster like pochampally can cover potential opportunities into


ground realities for GI certifications. The certifications promotes economic
prosperity of producers of goods in territory, provides legal protection to
Indian

geographical

indications

for

boosting

exports

and

prevents

unauthorized use of a registered GI certifications.


LITERATURE REVIEW: HISTORICAL BACKGROUND
Pochampally, located near the capital city of Andhra Pradesh, Hyderabad, is
probably one of the most flourishing center of modern handloom industry and
producing ikat saris on a large scale. The weavers in Pochampalli are basically
Hindus of the Padmasali or Devang communities who have been residents for
long and have thus adopted the local dialect and social norms. These weavers
produce ikat textiles with geometrical

designs,

and

have

also

recently

started experimenting with all-Indian styles.


It is believed that ikat technique was brought to Pochampalli from Chirala,
another town in Andhra Pradesh, a couple of generations ago, perhaps as
early as 1915 when the workshops in Chirala are said to have been weaving ikat
saris, turbans etc.
One of the reasons why Pochampalli saris find a better market in India and
abroad is, the weavers use modern synthetic colors instead of the expensive
vegetable dyes for dying, thereby not only bringing down the cost of
production, but also getting a chance to be more creative by trying out complex
designs. Since the 1960's Pochampalli ikat-weavers were influenced by the paolu
designs of Gujarat. The reasons for this influence could be many. Migration of
the weavers could be one of them.

However, there are some experts who feel that more than migration it could
be influence of the print media, which could be one of the major reasons.
"Weavers have probably seen the Gujarati designs either in a magazine or
might have actually seen one of the patola fabrics. It is also possible that
weavers came across the designs at a handloom exhibition and copied the
design,"
QUALITATIVE ANALYSIS
HOW THESE ARE WOVEN
The yarn for the wrap and the weft is stretched on warping blocks in the
form of quarter circle. They consist of one strong peg, connected with a
circular segment of a wooden plank, studded with about 35 pegs at regular
intervals. The thread - warp as well as weft - is stretched on it and divided into a
number of sets. Later the designs are tied in the sets, while the yarn is

held on the warping block.

For dying the yarn is taken off, but when dry, it is again stretched, partly opened

and tied again for dyeing, a process which can be repeated several times.

The red and brown shades, between white and black, are achieved using
alizarin dyes. For this the cloth is first soaked in a mixture of castor oil and
alkaline earth, then dried, again soaked, dipped in alizarin paste and finally
boiled till it becomes red. For the brown shades, iron splinters are added to
the color. Dissolving iron splinters in vinegar produces black color.

QUANTATIVE ANALYSIS
Pochampally Ikat is a unique ageold fabric (silk, cotton or combinations
thereof) woven in the Nalgonda and Warangal districts of the Indian state of
Andhra Pradesh. The fabric is made by a process of tying and dying the yarn
prior to weaving. While sarees comprise the lions share of production, the
cluster also produces other products, such as bed sheets, home furnishings,
and dress materials. There are around 1000 weaving households in

Pochampally and an estimated 5000 weavers,

working on approximately 2000 traditional pit looms. Around 800 looms are in
the cooperative s e c t o r , u n d e r

the Pochampally Handloom Weavers

Cooperative Society Limited. The majority of the remaining 1200 looms are
working for the Master Weavers. There are around 100 Master Weavers in
Pochampally. They have an association called Pochampally Handloom Tie and
Dye Manufacturers Association. Before the Cluster Development Programme
was undertaken (which included GI registration as a component), the cluster
was showing an overall declining trend since the 1990s, particularly in face of
competition from powerloom made imitations. Low productivity of traditional
pit looms; drudgery of the weavers and nearstagnancy in their skills; lack of
innovative productdesigning and diversification; and insufficient marketing
efforts were some of the key contributing factors behind the declining trend of
the cluster.
Weavers were surviving in an extremely vulnerable condition. Usually the
Master Weavers/cooperative societies would hand out silk yarns amounting

As per Textiles Committee (2007), the monthly incomes of the weavers have also shown
some upward movement (Table 8). While this may be a positive signal, nonetheless even
these increased incomes are still quite low.

to a warp of eight sarees to weavers. The weavers then would carry out the
preweaving tasks (such as, tying, dying) as well as weaving. A warp of eight
sarees would take anywhere between 3045 days to finish with involvement of
nearly all family members. The price of a single Pochampally Ikat silk saree
generally would range between INR. 15002500 (US$3661, with US$ 1= INR
41.29 as per the average exchange rate in 2007), while some may be priced
even higher (Textiles Committee, 2007, p.47). The wages accruing to the
weaver for the whole warp of eight sarees, however, would be as low as INR.
15002500 (US$36 61, with US$1=INR 41.29 as in 2007), depending on the
designs of the sarees woven (Textiles Committee, 2007, p.20).
Given such abysmal wage rates, it is not surprising that before the Cluster
Development Programme was initiated in Pochampally, around 50% of the
families were found to be living below the poverty line, with nearly 25% of
them struggling with acute poverty (Textiles Committee, 2007, p.23). While the
average size of the weavers families was five, the average annual income of a
household was found to vary between INR. 8000 and INR.10000 (US$ 194242,
with US$1=INR 41.29 as in 2007). Given the poor economic condition of the
weavers, once the products were ready, they could not afford to wait for
getting better price and were forced to sell them off even if the prices were
nonremunerative, just to avoid cumulative interest and to keep them engaged
in weaving (Textiles Committee, 2007, p.26).In such a scenario, the Textiles
Committee launched a Cluster Development Programme in Pochampally with
the aim of protecting this declining artform by way of combating counterfeiting
through GI, while at the same time undertaking strategic interventions in all

stages of its production and marketing.

This included skill up gradation; productdevelopment and diversification;


technological advancement; quality up gradation; brandbuilding and improved
market linkages, among other initiatives.
The Textiles Committee in collaboration with a few other organizations (See
Section 6) facilitated the GIregistration of Pochampally filed in the names of
Pochampally

Handloom

Weavers

Cooperative

Society

Limited

and

Pochampally Handloom Tie and Dye Manufacturers Association. Registration


was awarded by the GI Registry on 31 December 2004, making Pochampally
the maiden handloom product to get registered as a GI in India. Immediately
after the registration, Pochampally received huge publicity in the media, as
well as in exhibitions. As a result, the cluster that was struggling to selloff
unsold stocks just a year back suddenly experienced a significant surge in

demand. The demand for

Above Table portrays the growth rates of some of the key parameters of
Pochampally cluster between 2004 and 2006. While sales turnover is observed
to grow by 12.01% in 200405, it has grown by 14.31% in the following year.
Productivity has also increased by a higher rate in 200506 (5.88%) compared
to that in 200405 (4.35%). In 200506, average prices of all the products have
also shown higher rates of growth compared to those in the previous year.
During the post GIregistration period, the market demands have influenced
product as well as design diversification. Encouraging responses have also been
received for Pochampally products from various international trade fairs like
Messay Mumbai 2007 and MessayFrankfurt 2008

CONCLUSION
Notwithstanding the fact that India has had in its coffer a large number
of products that could qualify as geographical designators, GIs as a
concept is rather new to India. In fact, the idea of enacting a dedicated
legislation for GIs was triggered by the commitment India undertook in
the WTO to set in place IPR laws in compliance with TRIPS, rather than by
a feltneed from within the country. Given such a brief exposure to
concept of GIs, the initiatives undertaken by the stakeholders and
numerous public and quasipublic institutions towards ensuring the
legal protection for Indian GIs under the new legislation is in itself a
significant step forward. However, actual realization of the potential
benefits ingrained in the registered GIs would require effective
management of these GIs in future. This would entail sustained efforts
backed by appropriate planning and adequate investments over the
medium to long term. In our view, strategic interventions by public or
quasipublic institutions are an essential prerequisite for the GIs initiatives
in India to succeed. As far as socio economics is concerned, given the
multipronged problems facing many Indian GIs, particularly in the
handlooms and handicrafts sectors, it is unlikely that the GI registration
alone could bring in significant improvements. However, as indicated by
the experiences of Pochampally, when registration and exploitation of
GIs is conceived as a component of a multipronged strategic
intervention, this collective right may turn out to be effective in
contributing towards

the socioeconomic wellbeing of the actual

producers and artisans involved therein

CASE STUDY 2: GEOGRAPHICAL INDICATION: PASHMINA SHAWL

INTRODCTION
This case analyses concept of geographical indication as a tool for the
protection of tradition knowledge involved in pashmina which is one of the
most refine form of the cashmere. This focuses on what are the legal issues
involved in the protection of the pashmina, which is one of the treasure and
trove of the Kashmir. What kind of protection to provided to the indigenous
people so that they may be secured from the detriment that is causing to them
by the bio piracy by the different countries by misappropriating the name of
the pashmina. Thus leading to lower the reputation, goodwill of pashmina in
the market and driving them out of the business.

Theoretically, the concept of traditional knowledge refers to the knowledge of


and local and indigenous communities around the world developed which has
been
developed from experience and passed down from generations to generations
over the years.GI as a regime of IP is considered to be tool for the protection
of traditional knowledge of community. In this case viability of GI for
protection of cashmere (pashmina) which is one expressed form of the
traditional knowledge has been examined. Pashmina is used for the shawls ,
stoles etc.. The characteristics of the cashmere wool in Kashmir, includes the
history of the Kashmir region, as well as traditions, culture of indigenous
people , whose quality is the best in Kashmir but this best quality wool has to
confront various harms in term of commercial loss ,lowering down the
reputation and goodwill in the market due bio piracy done by the various
countries.
ABSTRACT
In its efforts to protect the name 'Kashmir pashmina', the craft development
commissioner for handicraft, the Ministry of Textiles, the government of India
and the Directorate of Handicraft under the government of Jammu and
Kashmir filed an application for 'Kashmir pashmina' to be registered under the
Geographical Indications of Goods (Registration & Protection) Act 1999 (for
further details please see "Registration of Geographical Indications"). The
controller general of patents, designs and trademarks has now awarded the
product protection under the act.
Kashmir goats, or Himalayan mountain goats, are a breed of domestic goat.
Pashm is the Persian word for wool, and a pashmina is pashm in its woven

form - the highest quality of cashmere. In Kashmir, kashmir goats are often
referred to as the pashmina goat. Pashm has special characteristics due to its
long, fine fibres, which can be as thin as 12 microns. Thinness is a unique and
distinguishing feature of the Kashmir pashmina. A pashmina is light, soft and
warm and feels luxurious. Natural colours of the pashmina include white, grey,
red, brown and black.
The fabric has a historic bond with the region and its culture and traditions.
The weave of the fabric is so individual that the pattern instructions are in the
form of a poem recited by the head of the family; the weavers follow the
instructions and the pattern is unknown to them until it is finished.

LITERATURE REVIEW

In its efforts to protect the name 'Kashmir pashmina', the craft development
commissioner for handicraft, the Ministry of Textiles, the government of India
and the Directorate of Handicraft under the government of Jammu and

Kashmir filed an application for 'Kashmir pashmina' to be registered under the


Geographical Indications of Goods (Registration & Protection) Act 1999 (for
further details please see "Registration of Geographical Indications"). The
controller general of patents, designs and trademarks has now awarded the
product protection under the act.
Kashmir goats, or Himalayan mountain goats, are a breed of domestic goat.
Pashm is the Persian word for wool, and a pashmina is pashm in its woven
form - the highest quality of cashmere. In Kashmir, kashmir goats are often
referred to as the pashmina goat. Pashm has special characteristics due to its
long, fine fibres, which can be as thin as 12 microns. Thinness is a unique and
distinguishing feature of the Kashmir pashmina. A pashmina is light, soft and
warm and feels luxurious. Natural colours of the pashmina include white, grey,
red, brown and black.
The fabric has a historic bond with the region and its culture and traditions.
The weave of the fabric is so individual that the pattern instructions are in the
form of a poem recited by the head of the family; the weavers follow the
instructions and the pattern is unknown to them until it is finished.
PASHMINA SHAWL
Delicate artistry: The fine, soft and unique Pashmina is entirely hand-made.
Spun from the fleece of Pashmina goat Capra Hircus found in Himalayas,
Kashmir boasts of producing the finest quality of Pashmina through a tedious
manual process that originated here. No wonder that Pashmina and its
variants became popular in the West as Cashmere, a name inspired by
Kashmir.

Pashmina is one of the most delicate, soft and costliest wools on the planet
after Shahtoosh. As the Shahtoosh wool has been banned worldwide owing to
the illegal poaching of the Chiru goats, Pashmina demand has skyrocketed,
prompting many traders to indulge in fake and machine-made Pashmina trade.
Pashmina has a huge market potential globally.
Amidst all the strife in Kashmir, the regions handicrafts have now emerged as
the new bone of contention between India and Pakistan. The Indian
government has been trying to get the Geographical Indicator (GI) patent for
some of 17 the finest Kashmiri handicrafts, but these efforts are being blocked
by Pakistan, which says it too has a say on the issue.
In March 2006, the Craft Development Institute (CDI) in Srinagar had filed an
application for GI patent with the
Chennai-based GI registry. But the Rawalpindi Chamber of Commerce and
Industries (RCCI) in Pakistan opposed the move by citing the existence of
similar handicrafts in Pakistan-occupied Kashmir (PoK). We had applied for a
Geographical Indicator patent for Kashmir Pashmina, Kashmir Sozni
embroidery and Kashmir Kani shawl, says Muhammad Shariq Farooqi,
Director, CDI Srinagar. But before we could get the coveted titles, a Pakistanbased business body filed objections against our application.
A GI patent gives exclusive rights over a label to a specified product produced
in a specified geographical region.
Before granting the patent, the GI registry usually publishes the matter in its
journal, inviting objections, if any, from all around the world in this regard.
With Kashmir Pashmina being the major handicraft of the three, it has

assumed the central role in the controversy. According to RCCI objections, CDI
cannot get the patent for Kashmir Pashmina and other handicrafts because
these are also produced by the PoK artisans. It has cited the Gilgit Baltistan
region as the main centre of Pashmina production in PoK. RCCI also claims that
if India gets the patent for Kashmir Pashmina and other handicrafts in the
international market, then it will render the same trade in PoK illegal.
The CDI on its part is readying its set of counter-objections. Stating that the
Pashmina produced in Jammu and Kashmir is far better than that produced in
PoK,. While businessmen see the whole issue as politically motivated,experts
say the process is likely to be long drawn-out owing to the verification, survey,
counter-objections and other procedures involved.
For a customer it is difficult to find what is real and what is fine, especially
when everything is sold under the same name. So the finest Pashmina which is
expensive has to give in to a lower quality product sold cheaply under the
same label," says Bashir Ahmad Bhat, a handicrafts dealer in Srinagar, the
summer capital of Indian administered Kashmir. Srinagar has for centuries
been the centre of Pashmina weaving and spinning.
Pashmina has become a generic name. Nepal says it is producing Pashmina,
China says it is producing Pashmina.
India should have protected the name earlier. A lack of standardised
specifications makes a patent more important.
In the north Indian city Amritsar, for example, many fakes and low quality
products are sold as Pashmina.

In August 2006 the patent registry based in the south Indian city of Chennai
admitted the application from CDI. It met opposition from the Pakistan based
Rawalpindi Chamber of Commerce, and from a Srinagar based artisan body,
Kashmir Handmade Pashmina Promotion Trust (KHPPT). Though its objections
to two of the three patent
applications reached late, the Pakistani body asks for inclusion of products
from Pakistan administered Kashmir in the patent. "Their objections to Sozni
Embroidery have reached in time and we have been notified of that.
Pashmina (Cashmere) as an Expression of TK
The origin of pashmina dates back to ancient civilization. In the ancient time,
often, pashmina products which were in form of shawl, stoles, were mostly
woven for self-consumption.
Specifically, the manufacturing of pashmina includes the following steps: Fibre
collection; fibre spinning; weaving in hand-looms; mending white pieces;
washing white pieces to remove spots, blots, dyeing; fringe and designs
making; embroidery; and ironing and packing. The fine wool is collected by
local regional women who comb it thoroughly to separate pashmina from
thicker wool which is not so luxuriant wool.
Once this collection of wool is completed process of manufacturing begins
.The weaving process is an art, which has passed over the generations. It
includes a unique process of giving design instruction as it is in form of poem
which has been recited by head of the family in language which is unique to
the family. The persons who are following him sit behind the loom and follow
the verbal instruction which are in poetic form to create a pattern that is

unknown to them until its conclusion. It takes around six days to weave a
pashmina shawl.
Thus, the process of manufacture of the pashmina shawl which is based on the
knowledge, innovations, and practices of the local community, developed from
experience gained over the centuries and transmitted orally from generation
to generation which can be seen both in the process and the pashmina
product.Therefore, it can be definitely stated that elements of traditional
knowledge are involved in the making of the pashmina.
Traditional Cultural Expression
Traditional Cultural Expressions (TCEs) make obvious that information includes
cultural expressions and is not limited to plant genetic resources. Such TCEs21
are: music, weaving and pottery patterns, dance, other traditions of healing,
cooking, cleaning and dressing.
Here intangible expression covers expressions, such as, folk poetry, folk tales
riddles, signs, words, symbols and indications; musical expressions, such as folk
songs and instrumental music25.Tangible expressions includes - productions of
folk art, in particular, drawings, paintings, carvings, sculptures, pottery,
terracotta, mosaic, woodwork, metal ware, jewellery, basket weaving,
needlework, textiles, carpets, costumes.
TK thus is traditional not because it is old, but because the knowledge is
created, preserved and disseminated in the cultural traditions of particular
communities. So here from above we can say that creation of clothing, singing,
dying, and weaving patterns, design, spiritual and expressions of culture also

constitute TK. In weaving a pashmina shawl all these expression are involved
so it constitute expression of TK.
PROBLEMS
Fighting for Exclusivity
China, which is the worlds largest producer of Cashmere wool, also passes
most of its wool under the name of Pashmina and this is giving jitters to
traders in Kashmir. Union Minister for Commerce Jairam Ramesh had during
his visit to Srinagar recently confirmed that the patent for Kashmir Pashmina
and Sozni would take time as they have encountered objections from Pakistan.
Kashmir Pashmina and Kashmir Sozni would take time as we are encountering
objections from Pakistan-based business bodies in this regard, he said.
There are around 50,000 people associated with the Pashmina trade, including
nomads, weavers, spinners, artisans, washers etc. The annual trade in shawls
in Kashmir is estimated to be around Rs 550 crore; with the patent in hand this
income is expected to multiply several times over.
Another GI clash with India
IN a replay of Superbasmati battle, Pashmina shawl is the latest bone of
contention between Pakistan and India over claims to its intellectual property
rights. The clash erupted when India went ahead to apply for a geographical
indication (GI) of the wool product in order to protect artisans against cheaper,
machine-made fakes now flooding the market.

The move has been challenged by Pakistan. India claims that this popular
luxury shawl only originates in Indian-held Kashmir territory while the fact
remains that it is also produced in Pakistan's Northern Areas.
Pakistan and India have already locked their horns in an unending battle over
the registration of Super basmati as a geographical indication and have failed
to reach a satisfactory settlement.
What is of interest in this conflict is the absence of concrete measures by the
two countries to seriously solve the problem.
Regarding Pashmina, Pakistan is reportedly ready to accept a joint GI tag over
the Kashmiri shawl. But India has certain reservations. It says it would agree to
that only if Pakistani Pashmina is proven to be of the same quality as the
Indian variety.
The dispute surfaced when the Srinagar-based Craft Development Institute
filed an application with the Geographical Indications Registry in Chennai for
Pashmina.
The Rawalpindi Chamber of Commerce and Industry immediately challenged
this on grounds that Pashmina shawls are also woven in Pakistan's GilgitBaltistan region and that India could not solely claim the GI right.
The chamber filed a complaint last year (2007) with the registry through a New
Delhi-based lawyer Najmi Waziri. India's case became further complicated
when another local body, the Kashmir Handmade Pashmina Promotion Trust,
also served a notice. But later the two groups tentatively agreed to jointly
apply for the Indian registration.

QALITATIVE DATA
Why a Kashmir artisan body opposed Pashmina patent?
Efforts to secure a Geographical Indicator (GI) patent for Kashmir Pashmina fell
into rough weather with opposition from a Pakistan based trade body, and an
artisan body from Indian administered Kashmir. While the Pakistan body
insists for inclusion of Pashmina products from Pakistan administered Kashmir,
the Srinagar based body of artisans says the patent application is flawed.

Although many countries including China, Nepal, Pakistan, and Australia


produce Cashmere or Pashmina today, experts say Kashmir's traditional
product is still the best. What is more, brand Kashmir, built over hundreds of
years, is what sells. However, Kashmir's Pashmina industry has benefited little
from its name and finds it hard to compete with lower priced products and

fakes from other regions.

Prima facie, Pakistan would appear within its rights to put forth such a plea, as
pashmina is produced from the under-growth of the hair of a special
changthangi or pashmina breed of goat that has been indigenous to the high
altitudes of the Himalayas, including the Pakistan-occupied region. But if that
logic is applied, Nepal too should be made a party to this patent protection as
its upper mountainous reaches have also been home to pashmina goats for
thousands of years and pashmina-based products have been woven there for a
long period. Even in India, for that matter, pashmina goats have not been
confined to the Kashmir region, and have inhabited the higher hills of
Himachal Pradesh and Uttaranchal as well. The real difference lies in the
quality, as also exclusivity, of the pashmina fleece and its products produced in
different regions though, admittedly, all kinds of genuine pashmina wool
possess the envious trait of being incomparably soft. India's case might be that
additional scientific effort has gone into refining the quality of pashmina and
improving the fleece yield of these goats.
Regarding Pashmina, Pakistan is reportedly ready to accept a joint GI tag over
the Kashmiri shawl. But India has certain reservations. It says it would agree to
that only if Pakistani Pashmina is proven to be of the same quality as the
Indian variety.
Handmade vs. machine-made

The KHPPT is a body of Pashmina weavers in Srinagar, most of them


previously Shahtooh weavers, backed by an NGO Wildife Trust of India (WTI).
KHPPT says CDI's patent application is flawed in many respects:

Ashfaq Ahmad Matoo, a member of WTI and a spokesman for the KHPPT
says that, in the first place, under GI rules a patent can go only to a body of
concerned artisans and not to a government institute unconcerned with
the trade

Plus the KHPPT is asking for inclusion of hand spun Pashmina yarn and not
just the shawl in the patent,besides exclusion of machine made products.

"It is only in Kashmir that the yarn is spun by hand. In all other places it is
mechanised. The quality of that yarn is so fine, that sometimes it cannot
be seen by a naked eye. It is this yarn which takes our product to a
different level altogether,"

QUANTITATIVE DATA
India produces the finest Pashmina (Cashmere) wool in the world, coming
from the Changthang plateau of Ladakh region of J&K State. Pashmina wool is
produced by Changra (Pashmina) goat in Ladakh and Chegu breed of goat in
the eastern parts of Himalayas.
There are 2.45 lakhs Goat (2 lac Changra & Malra goat which produce
Pashmina) in Ladakh, many local type of Non Pashmina goats are also found
(nearly 45,000) which come from the same larger genetic pool and contributes
little to the total Pashmina production of the region.
The Scheme for Pashmina Wool Development is designed to make a
meaningful intervention given the potential of this area to produce Pashmina

of fine quality. During the12th plan a special package with total financial
provision of Rs.41.21 Crore has accordingly been introduced with the following
objectives:

To provide the necessary inputs for breed improvement, training, health


care and nutritional supplement for qualitative and quantitative
improvement in Pashmina wool production;

To provide health care & nutritional supplement for the Pashmina goat.

To increase Pashmina goat population by distribution of male and female


goats as foundation stock in non-traditional areas.

Establishment of Multi-purpose Extension Centres for nomads on


migratory routes

Establishment of Pasture Farms for grazing of Pashmina goats during


severe cold period

Especially on migratory routes.

Undertake Research & Development work for development of Pashmina


wool.

To increase the income from Pashmina wool of the goat breeders and
sustain their interest in this activity as a reliable means of livelihood.

To strengthen existing breeding farms and develop fodder farm/banks.

To strengthen existing Pashmina Dehairing Plant at Leh.

To increase Pashmina population growth rate from present 2% per annum


(in last10 years) to 5% per annum with Pashmina population of 3 Lakhs at
the end of 12th Plan.

To increase Pashmina fiber growth rate which is nearly 2% annually to 10%


with total Pashmina fiber production of 65.0 Ton at the end of 12th Plan.

The scheme will be operative in the Leh and Kargil area of Ladhak region of
J&K State and will benefit existing Pashmina wool growers and unemployed
youth people from the area. The Project will be implemented by the State
Government Organization\Ladakh Autonomous Hill Development Council, Leh
and Kargil\Universities working in research on Pashmina Goat.
Projected Fund released pattern has been mentioned in the SFC note which
is as tabulated:

Not more than 50% advance of the cost of any component shall be paid to
the as per GFR guidelines.
RESULTS OF ANALYSIS
The Kashmiri Pashmina and Kanni GI have been registered in Clauses 23
(yarns and thread for textile use) and 24 (textiles and textiles goods, not
included in the category of bed, table covers and clothing). Those
associated with the Pashmina trade in Pakistan Administered Kashmir say
that with the GI going solely to the Pashmina products from this part of
Kashmir, they would not be able to label their products as Pashmina, as
their doing so stands illegal in international trade. As such, this part of
Kashmir alone can use Pashmina trade mark in the international markets. It
also means that now Kashmiri Pashmina and Kanni shawls will have their
distinct logos on labels that can differentiate them from the fake Pashmina
and Kani shawls that of late were being sold freely in the market.

The Trade related Intellectual Property Rights (TRIPs) Agreement defines


geographical indications as indications that 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 geographic origin. As such there was scope - as in the
case of Europe - to provide patent to Kashmir Pashmina not on country
basis but on regional basis. In other words, Pashmina should have been
treated as a product that originates from the undivided Kashmir as was
the case prior to 1947. That would not have deprived a good number of
people depending on Pashmina trade on the other side of Kashmir from
their livelihood.
It has been reported that the dispute to claim for the GI between Tahafuz
and KHPPT was resolved by government of Indias intervention. But what
has confused the matter is the involvement of the Wildlife Trust of India as
a party to the four-party agreement, which has been finally reached
between the KHPPT, Tahafuz, CDI and WTI.
A Srinagar-based crafts association has been given the Geographical
Indicator status for Kashmiri Pashmina. The Geographical Indication (GI)
registry has overruled Pakistans objections that Pashmina shawls are also
woven in Pakistan-occupied Kashmir and should be included in the patent.
In September 2008 year, the registry rejected Pakistans case and granted
GI status to Kashmir Pashmina. Kashmiri Pashmina and Kanni shawls will
now have their own distinctive logos on labels.
CONCLUSION

The state of Jammu & Kashmir is blessed with many ethnic and geographically
unique products. These products have given a recognition and fame to the
state. The legacy of Jammu and Kashmir ethnic and regional products promises
everything from traditional characters, beauty, dignity, different forms and
styles. The magnetic appeal lies in its exclusivity and mystical value. However,
most of these products are struggling with problems like absence of brand
image, alr-round assault from counterfeit products within and outside the
state etc. To overcome such problems state of Jammu and Kashmir opted for
geographical indication in 2008.
Here,it is important to recognise that pashmina imitations have been in
circulation, and been widely traded, in many parts of the world, jeopardising
the monopoly of the Himalayan region over this unique wool. For most
westerners, cashmere is a synonym for pashmina and even genuine pashmina
shawls, scarves and other garments made in Kashmir are traded as cashmere
shawls or scarves. Worse still, the growing demand and below-par supplies of
genuine pashmina garments have enabled some unscrupulous manufacturers
to make and sell products of soft synthetic viscose as pashmina products, and
thus to take advantage of the high prices commanded by pashmina. All this
needs to be curbed, so fighting the IPR battle for getting a geographical
indication tag is only a part of the battle.
So, while the need for getting intellectual property safeguards for pashmina is
self-evident, it is not pashmina alone that needs to be protected. There are
other products as well.
CASE STUDY 3: PAITHANI SAREES AND FABRIC
INTRODCUTION

Among the most gorgeous of Indian saris is the Paithani, woven in the western
state of Maharashtra. Exemplifying the merger of the aesthetic with the
symbolic, the saris today are a prized possession.
The hand woven silk Sarees of Maharashtra has distinctive style of its own with
bold patterns and traditional motifs conveying the typical cultural heritage. It
has been originated in Paithan (Dist: Aurangabad) during the 6th century B.C.
and subsequently spread to other areas like Yeola (Dist: Nashik) of the state.
ABSTRACT
In almost every house in Yeola, the looms cluck rhythmically to churn out yarns
of Paithani, the handwoven silk that is considered the richest in
Maharashtra.Paithani is being handwoven since hundreds of years at Yeola. It
usually takes a master weaver an entire day to weave just an inch of this
material. Sometimes a single saree is completed after a year and a half. The

weavers however are not flourishing because traders from other places sell
machine-made paithani.
The Paithani Saree and Fabrics known for their intricate designs have now
been protected under Geographical Indication Act 1999 of India facilitated by
the Textiles Committee, a statutory body under the Ministry of Textiles.
Dr. P Nayak, Director (Market Research), Textiles Committee has informed that
the much needed GI registration will safeguard the interest of the artisans of
the Paithani Saree & Fabrics of Maharashtra against infringement and hence
protect the livelihood of about 35,000 weavers associated with the production
and marketing of this exquisite handloom product.

LITERATURE REVIEW

The art style embedded in the product is innovative and has appealing
dynamism. The uniqueness of the product lies with special designs in Pallu and
its borders. The artisans have woven their art forms from the myths, faiths,

symbol and natural surroundings providing an appealing dynamism. Intricate


design on Pallu and border is the specialty of Paithani Sarees and fabrics. The
motifs woven in the Sarees like peacock, lotus, mango and other designs have
been borrowed from the rock-cut caves of Ajanta and Ellora. The weavers use
silk yarn and zari with various specifications to produce their products.
Long ago, they were only worn by royalty and the aristocracy, and treated as
heirlooms. Even today, a genuine handwoven Paithani saree can take anything
from two-three months to one or two years to produce, and comes at a high
price because it is so labour-intensive. The cost of a Paithani saree ranges from
Rs 7,000 for the utterly simple variety to Rs 8,00, 000 for the more elaborate
one.
The Paithani Saree and Fabrics known for their intricate designs have now
been protected under Geographical Indication Act 1999 of India facilitated by
the Textiles Committee, a statutory body under the Ministry of Textiles.
Textiles Committee has informed that the much needed GI registration will
safeguard the interest of the artisans of the Paithani Saree & Fabrics of
Maharashtra against infringement and hence protect the livelihood of about
35,000 weavers associated with the production and marketing of this exquisite
handloom product.
This traditional treasure of the country has always been subjected to
infringement by the domestic producers as well as from imports. The premium
price and the market share associated with these popular products have been
siphoned away by infringement.

The GI protection provided through the registration has not only recognized its
uniqueness and distinctive style, but also will cherish the growth of the
product in Indian as well as export market.
The skillful hands of the weavers of Paithan, Yeola and other parts of
Aurangabad and Nasik districts of Maharashtra not only produce Brocades and
Sarees; they also create amazing products of dress materials, bed linens and
home textiles.
The application seeking GI registration of these products was filed by Deptt. Of
Handlooms and textiles, Govt. of Maharashtra along with Sri Rajaswa Bahu
Udesiya Sanstha,Yeola and seven other producers/trade associations in
December, 2008.
The technical and hand holding support was extended to the applicants by the
Textiles Committee, a Government of India Organisation besides financial
support from the UNCTAD-DFID and Ministry of Commerce & Industry,
Government of India project Strategies and Preparedness for Trade and
Globalisation in Textiles & Clothing Sector of India.
Shri Abhijit Das, Deputy Project Coordinator, UNCTAD India, New Delhi
congratulated the applicants and the stakeholders of the product for achieving
such a remarkable milestone for protecting the unique product. He has
expressed his desire to further deepen his efforts to protect the textile
treasures of the country through Geographical Indication Act.
PROBLEMS

The Paithani Saree and Fabrics known for their intricate designs have now
been protected under Geographical Indication Act 1999 of India facilitated by
the Textiles Committee, a statutory body under the Ministry of Textiles.
Dr. P Nayak, Director (Market Research), Textiles Committee has informed that
the much needed GI registration will safeguard the interest of the artisans of
the Paithani Saree & Fabrics of Maharashtra against infringement and hence
protect the livelihood of about 35,000 weavers associated with the production
and marketing of this exquisite handloom product.
This traditional treasure of the country has always been subjected to
infringement by the domestic producers as well as from imports. The premium
price and the market share associated with these popular products have been
siphoned away by infringement.
The skillful hands of the weavers of Paithan, Yeola and other parts of
Aurangabad and Nasik districts of Maharashtra not only produce Brocades and
Sarees; they also create amazing products of dress materials, bed linens and
home textiles. A conglomerate of more than 35,000 weavers have been
involved in the production of these traditional treasures in the Paithan, Yeola
and some other parts of Aurangabad and Nasik district. The application
seeking GI registration of these products was filed by Deptt. Of Handlooms and
textiles, Govt. of Maharashtra along with Sri Rajaswa Bahu Udesiya
Sanstha,Yeola and seven other producers/trade associations in December,
2008...
QUALITATIVE DATA
Specifications:

Paithani is a silk saree woven with golden or silver threads known as Zari.
Women weave the saris on a wooden loom skillfully mixing colours of blues,
magentas and purples interspersed with gold threads.
The designs on Border and the Pallav of Paithani are very traditional. They
have been in use for hundreds ofyears. Some ofthe traditional designs of
Paithani

are

Asavli

(vine

and

flowers),

Akruti

(squarish

flower

forms),Narli(coconut form), pankha (fan), Rui phul (a kind of flower) and kalas
pakli (a petal form). In the Shalivahan era stroks and swans were the popular
motifs, while the golden lotus belongs to the yadav tirnes. With the Moghul
period came in new motifs like flowers, plants, trees and birds. The peacock
motif used in the Bangdi Mor is a popular example. Pallav and Border are
made out of Zai. Zai may be of pure gold or silver. Price range depends upon
Zai drawn out of gold and silver. It may be golden coated silver threads. Zari
makes Paithani very qualitative and durable. It becomes ancestral precious gift
like gold ornament.
Paithani Saree is covered with small butties. One Saree may have more than
200 butties. Butties have different geometrical shapes made out of Zari and
hence it is always in golden or silver colour.
Paithani is made in different colours. Some Paithani are very famous for their
colours e.g. Dhup Chhav or combination of two colours paithani, black Paithani
with attractive border, white Paithani. Paithani is an artistic creation for
hamronious combination on saree, border and pallav.
Paithani is available in different ranges such as stoles, duppattas, shawls,
sarees. Sarees are very popular in woman.

Paithani is very durable. One Paithani can last for more than 100 years. It can
be preserved as an antique piece or passes from generation to generation as
precious gift.
Paithani is knoum as Mahavastra means precious/rich fabric because of the
gold and silver in it. It is made ofpure natural silk. It is handmade.
A Cultural Fabric
Although the paithani sari is costly, it has become a popular item in the
marriage ceremonies of the rich and the not so rich. Besides Paithan, the saris
are woven in Yeola, known for the mango motif pallavs and in Pune, Nasik, and
Malegaon in Maharashtra. The paithani sari has played a significant role in
weaving together the cultural fabric of Maharashtra
Uniqueness:
1. Harmony of colors on border, Pallav and rest of body is the aesthetic
representation.
2. The entire saree is handmadp.
3. The Zariis used in Paithani saree
4. Different designs on border and Pallav of Paithani have a fixed pattern and
the designs are inspired by nature and paintings from Ajanta caves.
5. Paithani saree can last for more than100years.
6. One saree cancover more. Than two hundred butties And all the butties are
handmade.
7. Paithani fabric is used inIndia since200B.C.

8.Paithani saree is intricately made and it may take one month to one year to
complete one
9.After Paithani saree has wom out it can be bumt to Get a lump of pure gold
and silver.
10.Paithani is available in variety of pattems such as sarees, shawls, dupattas,
stoles, ties. Nowadays people make wall-hanging, cushions, etc. in Paithani
pattems.
QUANTITATIVE DATA

Paithani patterns vary as per customer's requirements. Price depends upon


Zari used in it and desigrrs. Saree may cost 5,000 rupees to 20, 0000 rupees.
Duration to complete one saree varies as per the complexity in desigrs.
Anarv-ale and Ajanta lotus seem to be very complex designs and it may cost
more than one lakh rupees.
There are more than 800 families in Yeola who work on making Paithanis, a
skill that has been handed down over generations. The looms, 8x10 sq ft

wooden structures, figure in almost every house in Yeolaanywhere


between two and eight handlooms in each house. Those with enterprise
have hired extra manpower to work on as many as 30 handlooms.
There are more than 800 families in Yeola who work on making Paithanis, a
skill that has been handed down over generations. The looms, 8x10 sq ft
wooden structures, figure in almost every house in Yeolaanywhere
between two and eight handlooms in each house. Those with enterprise
have hired extra manpower to work on as many as 30 handlooms.
Weavers usually buy the silk thread used in Paithani from Bangalore and
the copper zari from Surat. While the silk thread costs around Rs 2,500 a kg,
the price of zari ranges between Rs 2,800 and Rs 15,000, depending on the
quality. Mangesh Malokar, the fourth generation of his family in the
weaving business, says each Paithani saree uses around 800 grams of silk
thread and 200 grams of zari. A Paithani takes long to weaveanywhere
between a week and a year, depending on the complexity of the design.
RESULTS of ANALYSIS
The Paithani Saree and Fabrics known for their intricate designs have
now been protected under Geographical Indication Act 1999 of India
facilitated by the Textiles Committee, a statutory body under the
Ministry of Textiles.
Dr. P Nayak, Director (Market Research), Textiles Committee has informed
that the much needed GI registration will safeguard the interest of the
artisans of the Paithani Saree & Fabrics of Maharashtra against infringement
and hence protect the livelihood of about 35,000 weavers associated with
the production and marketing of this exquisite handloom product.

The GI protection provided through the registration has not only recognized
its uniqueness and distinctive style, but also will cherish the growth of the
product in Indian as well as export market.
CONCLUSION
This traditional treasure of the country has always been subjected to
infringement by the domestic producers as well as from imports. The premium
price and the market share associated with these popular products have been
siphoned away by infringement.
CASE STUDY 4: BANARAS BROCADE SAREE RECEIVES IPR PROTECTION
Banaras brocades and saris secured registration under the GI Act in
September 2009, with the application filed by nine organisations viz. Banaras
Bunkar Samiti, Human Welfare Association (HWA), joint director industries
(eastern zone), director of handlooms and textiles Uttar Pradesh Handloom
Fabrics Marketing Cooperative Federation, Eastern UP Exporters Association
(EUPEA), Banarasi Vastra Udyog Sangh, Banaras Hath Kargha Vikas Samiti and
Adarsh Silk Bunkar Sahkari Samiti. The weaver community predominantly
constitutes poor Muslims and Dalits and the structure of production is based
on a hierarchy of kothdars (wholesale dealers), master weavers and other
weavers. With the objective of understanding the actual impact of registration
on the ground level, TERI researchers conducted a multi-stakeholder
consultation at Varanasi interacting with registered users, Banarasi Sari
traders, bunkars (weavers), government officials, local buyers, NGO
representatives, cottage manufacturing units etc. The consultations indicated
that the Banarasi sari industry is impacted by a host of variables in terms of
raw material and labour issues, the socio-economic aspects of the region, and,

to some extent, the pitfalls of excessive liberalisation and legislation (Dwivedi


and Bhattacharjya, 2012). The changing economic and market situation has
resulted in reduced income for weavers who cannot even meet their basic
needs, causing malnutrition and widespread poverty throughout the
traditional weaver community. Such destitution and despondency among the
weavers has forced them to commit suicide or has precipitated employment
shifts, as evidenced by MGNREGA (Mahatma Gandhi National Rural Employee
Guarantee Act) benefits it could be gathered from the fieldwork that the
promise of geographical indication protection has not curbed the menace of
fakes. Machine based cheap product imitations continue to be sold. Cheap raw
material imports have led to the sale of what are known as Kela saris, in the
name of Banarasi saris. These use banana tree resin to create threads which
are then polished to give the look of silver or gold thread. Chinese imitation
saris, pegged at much lower prices, are flooding the market. Moreover, there
is a tenfold rise in the number of operating power-looms in the district of
Varanasi itself, although certain other studies put higher estimates. On the
part of GI holders to take action against the imitators.
Despite the stakeholders being aware of the deleterious impact of sales of fake
saris, complex market dynamics enforces silence among all concerned.

SUMMARY
The consultations indicated that the Banarasi sari industry is impacted by a
host of variables in terms of raw material and labour issues, the socioeconomic aspects of the region, and, to some extent, the pitfalls of excessive
liberalisation and legislation (Dwivedi and Bhattacharjya, 2012). The changing
economic and market situation has resulted in reduced income for weavers
who cannot even meet their basic needs, causing malnutrition and widespread
poverty throughout the traditional weaver community. Such destitution and
despondency among the weavers has forced them to commit suicide or has
precipitated employment shifts, as evidenced by MGNREGA (Mahatma Gandhi
National Rural Employee Guarantee Act) benefits. Cheap raw material imports
have led to the sale of what are known as Kela saris, in the name of Banarasi
saris. These use banana tree resin to create threads which are then polished to
give the look of silver or gold thread. Chinese imitation saris, pegged at much

lower prices, are flooding the market. Moreover, there is a tenfold rise in the
number of operating power-looms in the district of Varanasi itself, although
certain other studies put higher estimates. Most power-loom owners have
been producing cheap imitation products in large numbers to meet the
growing demand, with computerised designs frustrated further through
absence of will on the part of GI holders to take action against the imitators.
Despite the stakeholders being aware of the deleterious impact of sales of fake
saris, complex market dynamics enforces silence among all concerned.
LITERATURE REVIEW
ABOUT BANARAS SILKS
Banarasi saris are saris made in Varanasi, a city which is also called Benares or
Banaras. The saris are among the finest saris in India and are known for their
gold and silver brocade or zari, fine silk and opulent embroidery. The saris are
made of finely woven silk and are decorated with intricate design, and,
because of these engravings, are relatively heavy.
Their special characteristics are Mughal inspired designs such as intricate
intertwining floral and foliate motifs, kalga and bel, a string of upright leaves
called jhallar at the outer, edge of border is a characteristic of these saris.
Other features are gold work, compact weaving, figures with small details,
metallic visual effects, pallus, jal (a net like pattern), and mina work.
The saris are often part of an Indian bride's trousseau. Depending upon the
intricacy of designs and patterns, a sari can take from 15 days to a one month
and sometimes up to six months to complete. Banarasi saris are mostly worn

by Indian women on important occasions such as when attending a wedding


and are expected to be complemented by the woman's best jewellery.
Ralph Fitch (158391) describes Banaras as a thriving sector of the cotton
textile industry. The earliest mention of the brocade and Zari textiles of
Banaras is found in the 19th century. With the migration of silk weavers from
Gujarat during the famine of 1603, it is likely that silk brocade weaving started
in Banaras in the seventeenth century and developed in excellence during the
18th and 19th century. During the Mughal period, around 14th century,
weaving of brocades with intricate designs using gold and silver threads
became the specialty of Banaras.
CASE ANALYSIS
Over the years, the Banarasi silk handloom industry has been incurring huge
losses because of competition from mechanised units producing the Baranasi
silk saris at a faster rate and at cheaper cost, another source of competition
has been saris made of cheaper synthetic alternatives to silk.
In 2009, after two years of wait, weaver associations in Uttar Pradesh, secured
Geographical Indication (GI) rights for the Banaras Brocades and Saris. GI is an
intellectual property right, which identifies a good as originating in a certain
region where a given quality, reputation or other characteristic of the product
is essentially attributable to its geographical origin.
A GI certificate, which is granted by the Centre under the Geographical
Indication of Goods (Registration and Protection) Act, 1999, is both a
guarantee and protection. It guarantees that the product under consideration
was produced in a specific geographical region or locality from where it draws

its special characteristics. It assures the buyer that his money has been spent
on a genuine good while it protects the producer against cheap imitations (in
this case computer-printed saris from Surat and saris on Chinese crepe) trying
to pass off as genuine artifacts.
The miseries of Varanasi's silk sari weavers have been documented since 1995,
when the government imposed a ban on weaving of Chinese silk - forcing
weavers to buy the more expensive Bangalore silk instead. However in 2001,
under WTO negotiations on import tariffs on textiles such as saris, the
government removed quantitative restrictions on silk imports, thus flooding
the market with plain Chinese crepe fabric which began to eat into the
Banarasi silk sari market because of its low cost. With the economic downturn
export orders began to decline as well, further ruining the market.
In addition, 80 per cent of the market was captured by power loom owners
spawning cheap computer-assisted designs on saris produced much quickly
than the handloom product, and selling them at less than half the price of a
real Banarasi sari. However, the power loom itself is not the villain of this
piece. According to figures from the Ministry of Textiles, these looms employ
close to 48.6 lakh workers, manufacture 62 per cent of the cloth produced in
the country. In striking contrast the number of handlooms has remained static
at 38.91 lakhs during the same period.
Power looms spawn cheap computer-assisted designs on saris produced much
quickly than the handloom product, and at less than half the price of a real
Benarsi sari
India's handloom sector is the biggest in the world and employs 65 lakh
workers directly or indirectly. According to the Report of the Working Group

on Textiles and Jute Industry For the Eleventh Five Year Plan (2007-12) it
contributes about 15 per cent of the country's cloth production, and brings in
hundreds of millions of dollars in export earnings annually. This low-capitalintensive industry has no import content in assets/raw materials and presents
a vast array of environmentally friendly products. In addition, as the report
suggests, it has the "potential to arrest migration of population to urban
areas", a growing concern in recent years.
In 2001, such considerations prompted "Find Your Feet" (FYF), the Indian arm
of a UK-based charity to make the first efforts to assist weavers, primarily by
setting up self-help groups that allowed them to work without middlemen in
the economic chain. The most important step was the building of the Benares
Bunkar Samiti (BBS), an aggregate of 97 self-help groups of weavers and
artisans, with 1296 members spread across two blocks (of Chiraigaon, 49
villages and Cholapur, 13 villages).
As on September 30, 2009, the total savings of the SHGs members was Rs.18,
38,155, total grant of Revolving Fund from FYF was Rs.4, 94,845, total interest
earned from members was Rs. 158232 taking the total Group Fund to Rs.24,
91,232 while the percentage of group loan recovery stood at a handsome 72
per cent. In April 2005, after the pilot had been successful, DFID stepped in to
support FYF to fund the project with 245,399 British Pounds for five years,
money which will now help in expanding the project to the neighbouring
districts of Mau and Ghazipur.
"The weavers had faced the worst of the crisis. Our first concern was only to
have a revolving fund grow so that immediate livelihood issues could be
tackled but one of our board members brought in the GI idea. By 2004-5, with

a lot of capacity building and training inputs from Saksham India Trust (SIT, the
development resource cell of FYF), the BBS was ready to apply for the GI. BBS
in fact became the first applicant for the GI.
In addition to the Indian government's own commitment to protecting
Intellectual Property rights, the case for GI status for brocade and Benarsi saris
received a boost from Supachai Panitchpakdi, Secretary General of the United
Nation Conference of Trade and Development (UNCTAD). During a visit to
Varanasi in August 2008, he declared: "We would like to support the effort to
have a formal geographical indication, of course, at national level. There would
be a subsequent international recognition of this product of 'Banaras silk saris'
and brocades and other products that should be gaining in terms of more
value outside India as well."
But long before that help came, many weavers had given up hope. Shamsudin
Ansari (36) of Lohta (a small town 22 kilometres from Varanasi, and a dense
hub of weavers) was one of the many who gave in to the lure of the power
loom when the market for the handloom product began to shrink. For 20 years
he had worked on the handloom but when it became impossible to feed a
family of 14 he pawned off the jewellery of the womenfolk to buy a power
loom, hoisting his five handlooms at one end of his tiny workspace. The
womenfolk, who do the pre weaving tasks like degumming, bleaching, and
dyeing work within the home.
"The computer-designed saris from Surat destroyed us. Then came the
Chinese product which used nylon threads instead of silk. On the handloom
weaving was a work of art, and an exquisite product sometimes taking two
months to be completed. Now I work on the power loom which unlike its

counterpart can weave only in three colours at one go. And then there is this
awful noise to contend with", he shrugs. To beat the power outages and the
voltage fluctuations that the area is plagued with, work on Ansari's obsolete
shuttle loom continues 24 hours a day, his brother and cousin putting in eight
hours like him.
Like most weavers in the area Ansari has no knowledge of the GI, and its
newly-available protection against competition from imitators.
Abdul Kalam (40) also of Lohta, is another of the ignorant. The youngest of his
four children, one-year-old Roshni is severely malnourished. But since the
doctor at the government hospital never told Kalam what exactly is wrong
with the child, he describes only the symptoms. "For two months after she was
born, the girl was alright. Then she developed cough and cold, her body was
covered in boils and her belly began to stick out. I do not think the government
doctor has been able to diagnose what is wrong. Someone suggested a private
doctor, but he charges Rs.150. I earn just less than half of that", he says
holding up the folic acid syrup that the government doctor has given him.
Hunger, depression and death have been common themes among Varanasi's
weaving community. According to a study by the Varanasi based People's
Vigilance Committee on Human Rights (PVCHR), between January 2003 and
March 2007, 47 weavers committed suicide mostly due to malnutrition,
inability to pay loans, and hunger. During the same period, 46 children were
found malnourished. Similarly between March and August 2008, 67 patients
were diagnosed with tuberculosis (caused by breathing in fibres and fabrics
they work with). Many moved to petty trades like plying rickshaws, some

migrated to Surat and Ludhiana, and in the worst cases, out-of-work weavers
began to sell their blood and even their children to tide over the crisis.
The GI certificate may bring some relief, but the few who do know of it are
realising a few other truths too. Bachcha Lal Maurya of Chhahi village, some 23
kilometres from Varanasi on the road to Sarnath, regrets that weavers like him
have no links to the markets. "For nine years we suffered, surviving on as little
as Rs 50.a day. We need to make sure that never happens again.
Hira Lal (49) a second-generation weaver who shares work on Maurya's four
handlooms says that he once had six looms of his own and employed 10
weavers. Today they lie dusty and cob-webbed, not even fit to be sold. "There
came a time when I wanted to poison my family and myself to escape the
poverty. In our village two weavers did just that, but I worked on construction
sites and as an agricultural labourer to survive. The [GI] certification has
meaning only if we are connected directly to the markets", he says.
As per the GI certificate, Banarasi products fall under four classes (23-26),
namely silk brocades, textile goods, silk sari, dress material and silk
embroidery. Most importantly this means that no sari or brocade made
outside the six identified districts of Uttar Pradesh, that is Varanasi, Mirzapur,
Chandauli, Bhadohi, Jaunpur and Azamgarh districts, can be legally sold under
the name of Banaras sari and brocade.Prior to this, in July 2007, nine
organisations, Banaras Bunkar Samiti, Human Welfare Association (HWA), joint
director industries (eastern zone), director of handlooms and textiles Uttar
Pradesh Handloom Fabrics Marketing Cooperative Federation, Eastern UP
Exporters Association (EUPEA), Banarasi Vastra Udyog Sangh, Banaras Hath
Kargha Vikas Samiti and Adarsh Silk Bunkar Sahkari Samiti, had applied to the

Chennai-based Geographical Indication Registry of Government of India, in a


move that was supported by United Nations Conference on Trade and
Development (UNCTAD) bari bazar in varanasi India, is famous for banarasi silk
sari , its come under the police station of Jait pura , it used to be known as
main handloom sari manufacturing area but time change and its become fully
power loom saris manufacturing area , in this particular area there are more
than 10 locality come , and population is more than 1 million . Here in Bari
bazar, daily money transaction is probably 50 million rupee. Bari bazar is
famous for its unique design, that is why it is still stand front of developed
textile market (surat,mumbai, kolkata,) etc.
The Chennai-based Geographical Indication Registry, the competent authority
under Government of India, has issued the GI certificate for `Banaras Brocades
and Saris` this month. After the grant of GI tag, no sari or brocade made
outside the six identified districts of Uttar Pradesh can be legally sold under
the name of Banaras Sarcee and Brocade.
GI tag would help genuine producers to legally counter increasing threats from
saris produced in other regions and countries, but sold in India under the tag
of Banaras saree.The application for GI registration of these products was filed
by Banaras Bunkar Samiti, Human Welfare Association and six other
organizations in July, 2007.
"GI certificate for Banaras sari and brocade can become an effective tool for
economic empowerment of the weaver community," UNCTAD India`s Deputy
Project Coordinator Abhijit Das said.UNCTAD and its partners have worked
closely with weavers in Banaras and facilitated the process of GI registration.
"We dedicate this recognition to millions of weavers of UP, who are engaged

in production of products," Rajani Kant,Director of Human Welfare


Association, one of the applicants,said.GI tag for Banarasi saree would help the
weavers of the region to commercially leverage for enhancing their incomes.GI
is an Intellectual Property Right which identifies a good as originating in a
certain region where a given quality, or reputation of the product is essentially
attributable to its geographical origin. The GI certificate not only recognises
the uniqueness and distinct identity of Banaras saris, but also of related
products such as silk brocades, dress material, bed and table.
The products are manufactured in the traditional manner by weavers in
Varanasi, Azamgarh, Chandauli, Jaunpur, Mirzapur and Sant Ravi Dass Nagar
(Bhadohi)."At present, sarees produced in Bhagalpur (Bihar), Surat and
Bangalore are also sold as Banarasi sarees.I hope this can be stopped once we
get the tag,"
QUANTITATIVE ANALYSIS
The Banaras textile industry employs over 200,000 workers in weaving and
allied activities, with a Rs. 30,000 million (approx. $500 million) annual
turnover (Varman and Chakravarti 2011). Its specialty is the Banarasi sari,3
hand-woven silk fabric with intricate woven embroidery worn by women.
However, despite its size and reputation, the industry has been the subject of
few scholarly studies.
The sari making is a cottage industry for about 12 lakh (1 lakh is 100,000)
people associated directly or indirectly with the handloom silk industry of the
region around Varanasi encompassing Gorakhpur, Chandauli, Bhadohi,
Jaunpur and Azamgarh districts.

Banaras sari production rate is less compared to manmade sari. They


produce many saris compared to our hand woven saris. Each sari takes 1516 days to produce. We have incurred a huge loss because of the
competition in the market. Government is not helping us. Many weavers
have closed their shop.
QUALITATIVE ANALYSIS
Banarasi fabric is thus associated with the following three principal features:
it is made of silk (silk warp and silk weft) on a handloom, and has brocade
embroidery. Finally, there is a repertoire of patterns (locally known as
designs) that are traditionally recognized to be Banarasi.
The bolded options in Figure 2, thus together constitute the commonly
accepted definition of authentic Banarasi fabric. These are also the
characteristics that have been formalized in the Geographical Indication.
Banaras, one of the richest weaving centres of the country, is famous for
brocade, sarees and dress material. With their glamorous appearance and
colours, the exclusive varieties of the sarees like Jangla, Tanchoi, Vaskat,
Cutwork, Tissu and Butidar attract every woman. In the ancient times,
Banaras was famous for weaving of cotton saree and dress material. During
the Mughal period, around 14th century, weaving of brocades with intricate
designs using gold and silver threads was the specialty of Banaras. "It is a big
achievement for the people associated with the Banarasi saree industry. In
this era of globalisation, it is essential to get the GI status,'' said Ashok
Kapoor, the founder member of EUPEA.
CONCLUSION

The vast majority of the weavers of Banaras, the creators of its weaving
tradition, are today living in poverty. The preservationist view diagnoses the
problem as one of competition from machine-made cloth threatening a
traditional craft and provides a legal solution: the Geographical Indication. In
principle such an approach can be part of the solution. But the way it has
been undertaken, it is problematic for two reasons. First, we have seen that
the Banaras GI puts forward rigorous standards to establish authenticity and
has been developed with the intention of protecting the handloom market
from powerloom competition. This impulse to protect the handloom does
not come from the weavers. It comes from the custodians of craft who
remove all criteria of craft authenticity from the midst of the artisan
community. In the process it may punish those weavers who try to compete
by means of technical change, since they are told they can no longer avail of
their products brand value. This approach chooses a battleground where
*the+ strongest deployment (technology) *meets+ the resisters weakest
deployment (tradition) Grint and Woolgar (1997, p. 59). By choosing to
fight over the terrain of
Tradition versus modernity the battle is lost before it is fought. By talking of
preserving what exists we directly attack the very dynamism that has
allowed artisanal knowledge to perform the function it does.
Second, legitimate political economy concerns such as the dominance of
large weavers and traders over smaller own-work weavers as well as jobworkers and loom less weavers (who constitute the majority of weavers) get
deflected onto the craft preservation terrain because it is easier to legislate
on what is authentic craft than to change the power relations in the
industry. Most of the value-added will continue to accrue to master weavers

and traders and misdirected State policy will continue to create powerful
incentives for substitution of silk by synthetic fibres, substitution of broche
weave by lance, hand by power. The GI does not change any of the
structural factors that keep weavers poor. Instead of allowing innovation
and improving the distribution of value within the industry, the GI will
discourage innovation and allow (mal)-distribution of value.
First, wider consultations are needed and if necessary the GI must be
broadened to include power loom-made products from Banaras. A dual
system that consists of a GI incorporating both hand and power produced
saris (as long as they are made in Banaras), combined with a certification
mark that distinguishes between the two, is a better solution. Such a
method has been hinted at by others (Vinayan 2012, p. 62). A handloom
mark can prevent encroachment of power loom products on handlooms,
while an inclusive GI will allow power loom producers in Banaras to avail of
the industrys reputation thereby increasing the demand for power looms
and creating jobs in that sector. Such a scheme would be analogous to
multiple certification systems such as fair-trade, organic, and region of
origin used, among other products, for coffee.
These are needed preserve quality, reputation, and ecological sustainability
of the product (Bowen and Zapata 2009). But the process by which these
(evolving) criteria are decided is crucial for a good GI. An artisanal cluster
embodies a knowledge of commons that is the result of generations of
experimentation and innovation. Here, personal relationships such as
master-apprentice relations are crucial to knowledge production and
transfer (Polanyi 1962; Drahos 2011; Basole 2012). It is this cumulative store

of knowledge that is marked by a GI. As such the IPR needs to


accommodate, even encourage, the dynamism of such knowledge.
Lastly, Banaras, like many other informal artisanal industries, is in urgent
need of collective bodies that represent the interests of ordinary artisans, in
this case loom less and 28job-work weavers, who constitute the poorest and
most numerous section of the industry. Without strong collective
institutions at the local level, a more equitable sharing of value will not
occur. As opposed to the preservationist view that valorises the content of
knowledge, the political economy perspective instead focused on the
processes that create and sustain knowledge
CASE STUDY 5: KANCHIPURAM SILK SAREEA RECEIVES IPR PROTECTION
ABSTRACT
Kanchipuram Silk is a registered GI in the name of the Department of
Handlooms and Textiles, Government of Tamilnadu, in respect of Textile
Goods falling in class 24 & 25. It is exciting to remind that none of the
societies are registered users under the Act. They are also ignorant about the
need to become a registered user under the Act to use the mark. They are
equally unconcerned about the use of the name Kanchipuram by others. They
believe that the use of the common logo adopted by the societies along with
the name will enable them to protect their economic interest. The traditional
knowledge of weaving Kanchipuram Sarcee, though known to all and open for
learning, is well protected since the GI is very popular. It is the name coupled
with the traditional technique that makes the product well-reputed. Even if
someone is going to weave saris using the same technique, and if they market
it using some other name, this is not likely to significantly affect the market of

the Kanchipuram saris. This makes it clear that if the traditional knowledge is
closely linked to the reputation of the GIs, effective protection of GIs could
protect the traditional knowledge as well, even if it is openly used.
CASE STUDY
Kanchipuram sari is associated with several factors. It is a combination of
conventional and traditional technique of weaving with craftsmanship. These
saris are made of natural silk and Gold Zari. The weavers claim that water
used at Kanchipuram for processing the raw silks give the lustre to silk fabrics
and this may be one of the reasons for setting up the silk industry here. Above
all, the traditional weaving technique used in Kanchipuram is unique and very
important for the reputation of the sari. All weavers in Kanchipuram openly
use this traditional technique.
Today the cultural centre in Kanchipuram gives training to the new generation
of weavers to learn these techniques. They use their traditional weaving of
Adai and Jacquard design techniques. The Adai and Jacquard are the
two methods of design pattern. Adai is a normal design work on saree
borders. Preparation of Adai is very complicated and normally undertaken
by the master designers using hand work. Jacquard design is also highly
complicated design work on the body of the saree, munthi197 and in
borders. Jacquard looms use the holes punched in paper cards in
accordance with designs already made in graph paper. These holes in the
punch card control the weaving patterns in the fabrics. Each punch card
corresponds to one row of the design and the cards are strung together in
order. Each hole in the card corresponds to a hook, which can either be up or
down. The hook raises or lowers the warp thread so the shuttled yarn will

either lay above or below it. The sequence of raised and lowered threads
creates the pattern or design in the fabrics. This traditional technique makes
their product unique and well-reputed.
Kancheepuram saris are now available in both national and international
markets. There are two channels of manufacturing silk saris, one by the
members of the societies and another produced by weavers who are not
members of the society. The unique nature of this silk sari industry is that all
the registered societies are very active. The annual turnover of each society is
between one to two million rupees. A common logo along with the name
Kanchipuram Silk is printed in the sari to ensure its genuineness. But there
is no quality control in case of saris produced and marketed as Kanchipuram
Silk by weavers who are not members of the society. Since these weavers
were using the name for a long period of time it is not possible to prevent
them from using the name. To ensure protection of the consumers, the
Handloom Department of Government of Tamilnadu has installed a machine
to identify the original Kanchipuram Silk.
The societies sell their product directly through their shops, authorized agents
and Co-optex, the apex cooperative society of Government of Tamilnadu. The
society gets 7%-9% margin while selling their product. All the members of
societies are shareholders of the society. The societies supply the design with
raw material to the weavers and wages were paid when the finished product
is returned. The State and Central Governments are providing support and
assistance to these societies by way of welfare measures for encouraging the
members to continue with the business. In addition to this, the Indian Silk
Export and Promotion Council, Mumbai also supports these societies in

exporting the silk products. Kanchipuram sari is exported to Sri Lanka,


Singapore, Hong Kong, England, Africa, Aden, Gulf, U.S.A., U.K., Germany Italy
and Russia.
Kanchipuram Silk is a registered GI in the name of the Department of
Handlooms and Textiles, Government of Tamilnadu, in respect of Textile
Goods falling in class 24 & 25. It is interesting to note that none of the
societies are registered users under the Act. They are also ignorant about the
need to become a registered user under the Act to use the mark. They are
equally unconcerned about the use of the name Kanchipuram by others. They
believe that the use of the common logo adopted by the societies along with
the name will enable them to protect their economic interest. The traditional
knowledge of weaving Kanchipuram Sarcee, though known to all and open for
learning, is well protected since the GI is very popular. It is the name coupled
with the traditional technique that makes the product well-reputed. Even if
someone is going to weave saris using the same technique, and if they market
it using some other name, this is not likely to significantly affect the market of
the Kanchipuram saris. This makes it clear that if the traditional knowledge is
closely linked to the reputation of the GIs, effective protection of GIs could
protect the traditional knowledge as well, even if it is openly used.
LITERATURE REVIEW
Kanchipuram, one of India's seven sacred cities and is the second holiest place
in India next to Varanasi stands on the banks of river, Vegavathri, seryes as
the Headquarters of the District known as the Kancheepuram District of
Tamilnadu situates at a distance of 70 Kms. from Chennai. It had flourished as

focal point of South India in terms of acts crafts architecture, religion and
knowledge, from time immemorial.
The Landscape of present Kanchipuram District formed the core part of the
ancient Tondainadu or Tondaimandalam as it was known then. Following the
reigns of pallavas, Cholas, Pandyas and the Vijayanagar Kings, it became the
domain of the Mughals placed under the immediate control of the Nawabs of
Arcot Mohammed Ali Wallajah, the Nawab of Arcot, the Decean Subedhar of
the Mughal Government, conferred this area, then comprising about 16
pergamas on the British East India company in 1760 as the reward for their
services rendered to him and to his father. This is regarded as the first
important tenitorial possession in South India for the East India Company. The
conferment was ratified by the Emperor Sha Alam in 1763.
A Kanchipuram sari (also known as a Kanjivaram sari) is a type of sari
traditionally made by weavers from Kanchipuram located in Tamil Nadu,
India. These are woven naturally. The Kanchipuram sari is distinguished by its
wide contrast borders.
A single Kanchipuram sari can cost anywhere between INR2500 (US$41) to
INR100000 (US$1,600) or more depending upon the intricacy of work,
colours, pattern, material used like zari, gold thread etc.
Since 2005, Kanchipuram saris are protected by a Geographical Indication
label, certifying their origin. To weave a Kanchipuram sari three shuttles are
used. While the weaver works on the right side, his aide works on the left side
shuttle. The border colour and design are usually quite different from the
body. If the pallu (the hanging end of the sari) has to be woven in a different

shade, it is first separately woven and then delicately joined to the Sari. [6]
The part where the body meets the pallu is often denoted by a zig zag line.

CASE ANALYSIS
Kanchipuram is a temple city in the State of Tamilnadu in South India, well
known for silk sarees195 by name Kanchipuram Silk. History of the
craftsmanship and silk producing tradition in Kanchipuram is very old and it
can be traced back to more than 400 years. This city was the capital of Pallava
kings which was later ruled by Cholas, Vijayanagar rulers, Muhammadan kings
and the British. All these regimes contributed their share in preserving the
tradition of Kanchipuram weaving. Kanchipuram silk saris are hand woven
with dyed silk yarn and inter-leaved designs made with Zari196. The
consumers prefer this sari because it is woven from pure mulberry silk made
up of three single threads twisted together and it has an enviable reputation
for texture, lustre, durability and finishing. Originally, weaving in Kanchipuram
was a pure community-based business by the Salia community. But now
almost all the communities within the radius of 8 kilometres from
Kanchipuram city are engaged in weaving. Manufacturing of Kanchipuram sari
is associated with several factors. It is a combination of conventional and
traditional technique of weaving with craftsmanship. These saris are made of
natural silk and Gold Zari. The quality of Zari is an important variable in
deciding the quality of saris. This city does not manufacture silk or Zari. Silk is
sourced from Dharmapuri in the same State and Bangalore, in the nearby
Karnataka State and Zari is procured only from Surat of Gujarat State. The

weavers claim that water used at Kanchipuram for processing the raw silks
give the lustre to silk fabrics and this may be one of the reasons for setting up
the silk industry here. Above all, the traditional weaving technique used in
Kanchipuram is unique and very important for the reputation of the sari. All
weavers in Kanchipuram openly use this traditional technique.
Today the cultural centre in Kanchipuram gives training to the new generation
of weavers to learn these techniques. They use their traditional weaving of
Adai and Jacquard design techniques. The Adai and Jacquard are the
two methods of design pattern. Adai is a normal design work on saree
borders. Preparation of Adai is very complicated and normally undertaken
by the master designers using hand work. Jacquard design is also highly
complicated design work on the body of the sari, munthi197 and in borders.
Jacquard looms use the holes punched in paper cards in accordance with
designs already made in graph paper. These holes in the punch card control
the weaving patterns in the fabrics. Each punch card corresponds to one row
of the design and the cards are strung together in order. Each hole in the card
corresponds to a hook, which can either be up or down. The hook raises or
lowers the warp thread so the shuttled yarn will either lay above or below it.
The sequence of raised and lowered threads creates the pattern or design in
the fabrics. This traditional technique makes their product unique and wellreputed.
Kancheepuram saris are now available in both national and international
markets. There are two channels of manufacturing silk saris, one by the
members of the societies and another produced by weavers who are not
members of the society. The unique nature of this silk sari industry is that all

the registered societies are very active. The annual turnover of each society is
between one to two million rupees. A common logo along with the name
Kanchipuram Silk is printed in the sari to ensure its genuineness. But there
is no quality control in case of saris produced and marketed
asKancheepuram Silk by weavers who are not members of the society.
Since these weavers were using the name for a long period of time it is not
possible to prevent them from using the name. To ensure protection of the
consumers, the Handloom Department of Government of Tamilnadu has
installed a machine to identify the original Kanchipuram Silk. This is a nondestructive testing (X R F) developed by the Government of Tamilnadu in
collaboration with Technology Information Forecasting Assessment Council
(TIFAC) New Delhi and Indira Gandhi Centre for Atomic Research, Kalpakam,
to measure the prescribed standards of Zari and silk quality used in the
Kancheepuram saris. A consumer who is interested in finding out the
genuineness of the sari could test this by paying 50 rupees per sari. This is
expected to compel all the sari producers in Kanchipuram to follow the
prescribed standards.
The societies sell their product directly through their shops, authorized agents
and Co-opted, the apex cooperative society of Government of Tamilnadu. The
society gets 7%-9% margin while selling their product. All the members of
societies are shareholders of the society. The societies supply the design with
raw material to the weavers and wages were paid when the finished product
is returned. To ensure quality of the product a non-destructive test (X R F) on
the raw material was conducted before supplying the raw materials and the
same test was repeated when the weavers return the finished product to the
society. It is the nature of the design that determines the duration taken for

weaving a single sari. Normally one family could weave two saris in a month
and earn a minimum of Rs. 4000/- ($ 95). But the weavers who are not
members of the society earn much less when compared to members of the
society. Wages may also vary according to the nature of the design work.
Unlike other saris, the cost of the production of Kanchipuram sari depends up
on the quantity of the Zari used for weaving. Since Zari is very expensive, the
price of the saris varies depending up on the nature of the Zari work. Thus the
market price of the Kanchipuram saris ranges between Rs. 2000 ($ 50) to Rs.
50,000 ($ 1150). The weavers seem disappointed by the profit they make
when compared to the market price of the saris. There is no enthusiasm on
the part of the new generation to continue with the work. The State and
Central Governments are providing support and assistance to these societies
by way of welfare measures for encouraging the members to continue with
the business. In addition to this, the Indian Silk Export and Promotion Council,
Mumbai also supports these societies in exporting the silk products.
Kancheepuram sari is exported to Sri Lanka, Singapore, Hong Kong, England,
Africa, Aden, Gulf, U.S.A., U.K., Germany Italy and Russia.
Kanchipuram Silk is a registered GI in the name of the Department of
Handlooms and Textiles, Government of Tamilnadu, in respect of Textile
Goods falling in class 24 & 25. It is interesting to note that none of the
societies are registered users under the Act. They are also ignorant about the
need to become a registered user under the Act to use the mark. They are
equally unconcerned about the use of the name Kanchipuram by others. They
believe that the use of the common logo adopted by the societies along with
the name will enable them to protect their economic interest. The traditional
knowledge of weaving Kanchipuram Sari, though known to all and open for

learning, is well protected since the GI is very popular. It is the name coupled
with the traditional technique that makes the product well-reputed. Even if
someone is going to weave saris using the same technique, and if they market
it using some other name, this is not likely to significantly affect the market of
the Kanchipuram saris. This makes it clear that if the traditional knowledge is
closely linked to the reputation of the GIs, effective protection of GIs could
protect the traditional knowledge as well, even if it is openly used.

QUALITATIVE ANALYSIS
A typical Kanchipuram Silk Sarcee is known for its distinguished
characteristics of heavy weight, right colours and solid zari borders with
"Pallu".
Heavy Weight - Kanchipuram Silk Saris used two kinds of warp viz., (a) Jari
warp of 4 ply with 4200 threads of l8 yards with the twist per inch

Jodhpur Warp of 2 ply with 4200 threads of 19 % yards with 18 twist per

inch generally,2 PIy is used for the border either, which is unique.
To ensure protection of the consumers, the Handloom Department of
Government of Tamilnadu has installed a machine to identify the original
Kanchipuram Silk. This is a non-destructive testing (X R F) developed by the
Government of Tamilnadu in collaboration with Technology Information
Forecasting Assessment Council (TIFAC) New Delhi and Indira Gandhi Centre
for Atomic Research, Kalpakam, to measure the prescribed standards of Zari
and silk quality used in the Kanchipuram saris. A consumer who is interested
in finding out the genuineness of the sari could test this by paying 50 rupees
per sari. This is expected to compel all the sari producers in Kanchipuram to
follow the prescribed standards.
Zari:-Zari is the golden lace inter woven with silk thread to enhance the
beauty of Kanchipuram silk sari.
QUANTITATIVE ANALYSIS
There are 21 registered co-operative societies in this field having total
membership of more than 30,000 weavers and about one million weavers
who are not members of any society. According to the official report 75 % of
the population in Kanchipuram District is directly or indirectly connected with
sari industry. It is this industry that sustains the socio-economic conditions of
Kanchipuram.
Normally one family could weave two saris in a month and earn a
minimum of Rs. 4000/- ($ 95). But the weavers who are not members of the
society earn much less when compared to members of the society. A single
Kanchipuram sari can cost anywhere between INR2500 (US$41) to INR100000

(US$1,600) or more depending upon the intricacy of work, colours, pattern,


material used like zari, gold thread etc.
The annual turnover of each society is between one to two million rupees.
A common logo along with the name Kanchipuram Silk is printed in the sari
to ensure its genuineness.

CONCLUSION
The kanjeevaram sari reflect a weaving and dyeing tradition hundreds of
years old. They are worn by the Indian women, who reveal the gratifying
beauty of graceful spectacular creations of the weavers. With its starting
colour and texture, the clothing reflects the high status and classic choice of
the wearer. The demand and recognition of the saris reached globally.
The unique feature of kanjeevaram silk sari is its strength, which is possibly
made by twisted yarn - double warp and double weft that gives its weight; its
vibrant colour contrasts and its exquisite design beautifully integrating the
different colours of the body & the border.
Kajeevaram saris are one of the inimitable arts of India & its legitimacy
should be defended. The craft of making saris are definitely facing problems
due to changing market demand. The cluster is changing even as traditional
style remains intact. Thus, specialists believe that this is the one industry that
will not be affected relentlessly by the global financial crisis. Then again future
is uncertain. Therefore, it is vital authorities start preparing of confronts and
keep this industry from fading.

BIBLIOGRAPHY
CASE STUDY 1
Addor, Felix, and Alexandra Grazioli (2002), Geographical Indications
beyond Wines and Spirits: A Roadmap for a Better Protection for
Geographical Indications in the WTO TRIPS Agreement, Journal of World
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MRP 9, Midwest Agribusiness Trade Research and Information Center Iowa
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Natarajan, V. (2008), Indian Perspective of GI Registration, Presentation
delivered in the Regional Conference on IPR Protection through
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and the Textiles Committee, Hyderabad, India, 34 June.
Rangnekar, Dwijen (2002), Geographical Indications: A Review of Proposals
at the TRIPS Council, UNCTAD/ICTSD Capacity Building Project on
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Textiles Committee (2007), Pochampally Ikat: A Comparative Market Analysis


of Pre & Post Registration Periods under Geographical Indications Act,
report prepared by the Textiles Committee, Ministry of Textiles, Government
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CASE STUDY 2
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Committe, T. (n.d.). Retrieved from textilescommittee.nic.in:


http://textilescommittee.nic.in/services/geographical-indications#Paithani
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http://www.nalsarpro.org/PL/Projects/Model-Project-Module_1.pdf
CASE STUDY 3
fibre2fashion. (n.d.). Paithani saree & fabrics get GI protection. Retrieved from
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Knowledge with Special reference to Protection. Banglore.
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45cc8_99.pdf

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CASE STUDY 5
RYDER, R. D. (2009, SEP 22). BANARASI SILK RECEIVES GI RIGHT. Retrieved from
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http://timesofindia.indiatimes.com/city/varanasi/Banarasi-silk-gets-GIBANARASI SAREE. (2009, SEP 17). Retrieved from
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GEOGRAPHICAL INDICATIONS. (n.d.). Retrieved from
http://lawmantra.co.in/protection-of-geographical-indications-gis-frominfringments-an-indian-perspective/.recognition/articleshow/5023601.cms

CASE STUDY 5
(http://www.craftrevival.org/CraftArtDetails.asp?CountryCode=India&CraftCo
de=003701, n.d.)
(PROTECTION OF GEOGRAPHICAL INDICATIONS IN INDIA, 2013)
(Sambalpuri saree and Berhampuri pattu to get GI recognition soon, 2009)