Geographical Identification- A Savior From Extinction

Introduction 

The “Geographical Indication Tag” have a deep meaning inculcated within itself. The word “Geography” includes  any topological area where the habitat survives and on the other hand the term “indication” means depiction. So, basically Geographical indications are the topological area which highlights any cultural, traditional or spiritual recognition which is encouraged globally. This was introduced to diminish the misuse of the original products which were made in accordance with the traditional methods and to save the consumers from deception.

Geographical Indication as part of IPR

Every individual is an integral part of the society and the contribution of the excellence of persons existing in the society promotes the “dignity and integrity” of the country as well and hence in order to protect the Intellectual Property Rights are regulated.  There are various classifications of IPR one of which is Geographical Identification tags which is governed under the ““The geographical indicators of Goods (Registration and Protection) Act” which was implemented in the year 1999.

What is Geographical Indication?

Geographical Indicators are the products which professes out a depiction of belongingness from a particular Geographical area or locality.  The goods or the products which are originally manufactured or cultivated in a particular area by their owned traditional process highlights the culture, heritage, tradition, history and mainly the originality of a valued composite culture.

Basically, Geographical Indicating Tags are the signs which are honored to the products which enshrines the quality, reputation, originality, of the particular topographic region. These are mainly used to tag manufactured products, handcrafted products as well as the agricultural products which belongs to a specific geographical area.

Historical Development of G I Tags

The history of the geographical indicators commenced from the 12^th century where the first Geographical Indicators were tagged to the products as certification of excellent quality and standard by the official stamps by French Government. Subsequently, the formation of an international treaty termed the “Paris Convention of 1883” coined the protection of the “indications of Source” i.e. the GI tags. This marked the beginning of the legal journey of the GI tags addition to which in the year 1891 another treaty namely the “Madrid Agreement” was signed. This following treaty observed the ban on usage of fake names of the places on the products. Similarly, it gave special protection to wines as well. Further, the beginning of the Trademark protection agreement in the year 1891 marked the protection of GI using the trademark laws rather creating a new law for geographical indicators. Later, in the year 1958 a special treaty for the GI was introduced which was named as the “Lisbon Agreement” which protected the specific GIs internationally.

In India, the regulation with regards to the Geographical Indicators was enacted in the year 1999 under the name of “The geographical indicators of Goods (Registration and Protection) Act” which acknowledge the rules and regulatory framework regarding Geographical Indicators in India.

Functions of Geographical Indications

a). Identification: -    One of the key functions of the GI is to recognize and establish an identity to the product which is manufactured or crafted by the individual acknowledging the culture, roots of that particular geographic area. It is also observed that a particular product is identified by the location and vice versa and this is possible by Geographical Indications. For instance- the kolhapuri Chappals, Agra Petha, Darjeeling tea.

b). Expansion of Knowledge: - Due to modern digitalization and emerging trend of social media and interests of public, the consumer gets the knowledge of the products, the real history behind such invention also the right way of consumption of such products which are manufactured by individual.  

c). Cultural Promotion: - India is a country rich in its culture and heritage, accordingly, any product which is recognized by the GI Tag also represents the dignity of its valuable culture of that particular Geographical Area moreover, it is promoted to every corner of the sphere and also acknowledged by individuals all over the world.

Stories Woven in silk

The legacy of the Banarasi saree first time commenced from the mythological era which is traced in the Vedic texts and ancient times where it was initially made by only cotton in Banarasi. They were not just a garment but a tradition which symbolized the cultural identity of Varanasi. Later, the Sarees were impacted by the Mughal’s tradition which added the gold and silver zari threads to the saree. The elegance of the Banarasi saree is also visible in the Mughal paintings and carvings which depicted on temples. The Queens used these sarees in functions like marriage, Durga Pujas and traditional functions as these represented the deep spiritual meaning with the richness and its divine beauty. Subsequently, during the British era the journey of globalization of the Saree began. The sarees were exported all over the world due to their fine art and beauty inherited within it. 

In the 21^st century the Banarasi Sarees became the show stopper in the Global Market. They are used in the international Fashion Shows, red carpets.  In 2009, the Banarasi Sarees were acknowledged by the Geographical Indication Tag. It is made originally in Varanasi with the help of their traditional and authentic methods. 

Conclusion

The Geographical Indication (GI) Tags are the acknowledgement for the excellent hard work for the individuals who develop products which have originality and sense of belongingness towards a particular Geographical area and in order to conserve the culture, heritage, richness of that particular area work hard with the old authentic traditional methods which they have inherited from the ancestors. This active representation in the society is applauded by the Government as well as globally and as well as regulated by the statute in India to prevent any infringement of the rights of the individual.

Author: Dhanashree Dhanorkar, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.