IPR

Assignment on

GEOGRAPHICAL INDICATION RELEVANCE FOR HANDICRAFTS SECTOR (BANARAS BROCADE AND SAREES)
SUBMITTED TO AMITESH SIR

SUBMITTED BY: NEHA M.F.M 3RD

TYPES OF IPR (INTELLECTUAL PROPERTY RIGHT):

Trademarks and Service Mark. Industrial Design Registration. Copy Right. Geographical Indication.

WHY GI:
G.I. is necessary not only to save the particular product but the millions of people who are engaged in particular sector is benefited by the GI in different ways.

Saving Traditional Craft: GI helps in saving the traditional craft of a

country. It projects the particular products globally in terms of quality and authenticity.

Providing livelihood opportunities: GI of a product promotes livelihood

opportunities to peoples which help in stopping migration and getting good value of products.

To Increase Labor Intensive Workforce: Countries like India where

population is more than 100 crores, the GI plays a vital role by providing employment to million of peoples of a particular sector especially handicraft and handlooms. Accumulation of foreign capital so as to increase national income and G.D.P. of the country.

WHAT IS GI:
Geographical Indication (GI) means on indications which identifies goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of a country or a region or locality is that territory where a given quality, reputation or characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured, goods one of the activities of either the production or of processing or preparation of goods concerned takes place in such territory region or locality as the case may be place names are sometimes used to identify a product for ex-champagne scotch, Tequila and Roquefort cheese

GI Facilitation
The globalisation has brought about enormous challenges to the trade and industry; and the worst sufferers are the producers of unique textile products who loose their markets due to largescale infringement of the product. The promulgation of Geographical Indication (GI) Act, 1999 by Government of India has created an avenue for protection of these unique products of the country. The GI Act stipulates protection of the market of the producers and safeguards the interests of the consumers of these unique products through registration and taking infringement action against the infringers. It is believed, that the IPR Protection of unique textiles products of the country with a predetermined market linkage strategy would help in brand building of the product, providing market linkages, generating more employment opportunities and enhanced income to the stakeholders.

Intervention of Textiles Committee:

In order to protect these unique products, the Textiles Committee has been spearheading a nationwide campaign in the country through facilitating GI registration of potential products and technical knowledge transfers. Besides the Committee is disseminating the trade related information for capacity building. As a part of the endeavour, the Committee have also facilitated GI registration for products like Lucknow Chikan Craft, Banaras Saree & Brocades of Uttar Pradesh, Khandua Saree & Fabrics, Pipli Applique of Orissa, Bandhani Textiles and Surat Zari of Gujarat, Paithani Saree of Maharashtra, Bhagalpur Silk of Bihar, Guledgudda Fabrics of Karnataka etc. The state governments of Kerala and Uttar Pradesh have taken the support of Textiles Committee for GI registration of some of their unique products.

IPR Protection of Textiles and Clothing products through GI:

The Study & documentation for GI Registration of 12 products have been completed. The products are (1) Banaras Sarees & Brocades; (2) Lucknow Chikan Craft of Uttar Pradesh; 3) Pipili Applique Craft and (4) Khandua Sarees & Fabrics of Orissa; (5) Bhagalpur Silk Fabrics of Bihar; (6) Paithani Sarees and Fabrics of Maharasthra; (7) Bandhani and (8) Surat Zari Craft of Gujarat; (9) Uppada Jamadhani, (10) Gadwal Sarees and 11)Dharmavaramsilk of Andhra Pradesh and (12) Guledgudda Khana of Karanatak. The GI registration of Pipli Applique Craft, Lucknow Chikan Craft, Uppada Jamadhani are successfully completed.

The Consultation Committee Meeting for Banaras Sarees & Brocades, Gadwal Sarees, Khandua Sarees & Fabrics are completed. The Textiles Committee presented and defended the application on behalf of the applicants before the Consultative Committee. The applications for Paithani Saree & fabrics, Surat Zari Craft, Bhagalpur Silk Fabrics have been filed before the Registrar of GI, Chennai. The process of filing applications for Gulledguda Sarees and fabrics of Karnataka, Dharmavaram, Gadwal Saree, Bandhani of Gujarat are in advanced stage.

BANARAS BROCADE AND SAREES

Banaras is one of the rich weaving craft centre of India, famous for Brocade Saris and dress material. One unique and intricate silk brocades and sarees of Banaras has made it world famous. Among the different varieties of sarees produced in the centres, some exclusive varieties of the sarees are Jangla, Tanchoi, Vaskat, Cutwork, Tissue and Butidar which are made of silk warp and silk weft, on plain/satin ground base, brocaded with extra weft patterns in different layouts introducing Buties, Bells, Creepers, Buttas in ground, border and anchal for getting glamourous appearance. With the change in time and consumer preference, the weavers of the cluster are also undertaking changes in the design and pattern of the product alongwith product diversification. In order to cater to the need of the oversees and domestic buyers, the weavers of the cluster are also producing home furnishing, silk dhotis, stole, scarf, muffler, mats, dress material, wall hanging, made ups like curtain, cushion cover, table cover, napkins, runners, etc

Brocades and Sarees

The world famous Banaras Brocades and Sarees has received the registration under the Geographical Indications of Goods (Registration & protection) Act, 1999 of the Government of India. In compliance with the obligation under TRIPS agreement of the WTO, the Government of India enacted this act, which seeks to provide for the registration and better protection of GIs relating to goods, thereby protecting the interests of the producers and also the consumers. The Directorate of Handlooms and Textiles, Government of Uttar Pradesh, was one of the nine applicants for this product. The technical and financial support was extended by Textiles Committee (Ministry of Textiles) under the UNCTAD-India programme, strategies and preparedness for trade and globalisation in India in the textiles and clothing sector. The brocade weaving of the Banaras is cluster based and scattered all over the Banaras district and some adjoining districts. The Banarascity is the main centre of weaving. The other main centers of the brocade weavings are Azamgarh, Mirzapur, Bhadohi (Sant Ravidas Nagar), Chandoli, Chunar and Chakia. Varanasi city is the most important centre of brocade weaving and more than 80 percent weavers belong to the city and its adjacent areas. Of the different Mohallas (areas) of the Varanasi, Madanpura and Ahaipur are two most important areas of the Brocade weaving. The Banaras Brocades and Sarees which is known all over the world for gold patterns, known as Kimkhab, which has been interpreted to mean no less than a dream. These patterns are hand woven on the fabrics and the butis are made by the use of needles. With the change in the Consumer Preferences for diversified products like dress materials, furnishings and household utility goods, the weavers are now producing new products like stole, scarf, mat, dress materials, furnishing materials, wall hangings, made-ups like, cushion covers, table

Banarasi saree glitters in new found demand

It seems that the glitter of handloom woven Banarasi sarees and brocades is returning. There is an increased demand for pure silk products woven exclusively on handloom. The benefits of Geographical Indication (GI) certification have thus started showing for the handloom industry of this region. However, a shortage of skilled weavers is desisting the industry from reaping the harvest to the maximum. "We are getting orders in bulk. In fact, we are finding it hard to fulfil the orders in time due to shortage of skilled and efficient weavers and artisans," said Jagannath, a handloom owner of Ramnagar. According to him, presently the handloom industry is facing acute shortage of skilled weavers due to the slump in the industry in the past. "The young generation is not showing an interest in weaving," he told TOI.

After getting the GI tag in September 2009, an increase of about 28% was estimated in the business of pure handloom materials, said Rajni Kant, president of Human Welfare Association (HWA), one of the registered proprietors of GI for Banaras Brocades and Sarees. According to him, a sample survey was conducted recently to know the status of GI tagged product. "It is an encouraging indication despite the fact that adequate measures as post-GI activities are yet to be taken by the government machinery for the publicity and creating awareness," he said. According to him, around 12 lakh people are associated directly or indirectly in the handloom silk industry of the region. Assistant director (handloom) KP Verma is also hopeful that golden era of Banarasi handloom products will return. "Today the handloom industry is finding it difficult to fulfil the demands," he told TOI. According to him, the Banarasi handloom industry has an annual turn over of about Rs 400 crore. He said the registration for the logo had been applied and efforts were being made to popularise the GI benefits. Presently there are 18 authorised users of Banarasi brocade and sarees. He said efforts were also being made to bring back those weavers, who had given up the weaving trade during the crisis period. Presently, there are 55,000 handlooms in the district while 45,000 handloom were operational few years back. While the Banarasi sari and brocade started getting the benefit of GI certification, another famed product of this region, handmade carpet of Bhadohi, which got the GI tag in September 2010, is still waiting for it, though its logo had already been registered at the time of GI certification. "Presently we are not using the GI tag because the committee could not be formed so far," said Abdul Hadi, secretary of All India Carpet Manufacturers Association (AICMA), one of the GI registered proprietors of the product. On the contrary, the Bhadohi carpet was witnessing a decline trend in export due to one reason or other, he said. "In the past, the region had a share of 60% of the total export of carpet, but today the Bhadohi carpet has a share of 50% in export," Hadi told TOI, adding that the country exported carpets worth of Rs 3,000 crore. The benefits of GI registration include prevention of unauthorised use of a registered GI by third parties, boost in export and economic prosperity of producers. Only an authorised user has the exclusive rights to use the GI tag for the goods. According to norms, the registered proprietor or authorised users of a registered GI can initiate an infringement action if the tag is misused. The norms say that the GI is understood by consumers to denote the origin and the quality of products. False use of GI by unauthorised parties is detrimental to consumers and legitimate producers.