Geographical Indications: Identification, Promotion and Protection with special reference to J&K and Himachal Pradesh

1. Geographical Indications
Identification, Promotion and Protection
By:
Prof.(Dr.) Mohammad Hussain

2. Contents
Introduction
Legislative Protection of GIs in India
“Sleeping Beauty IPR”
Product Differentiation
Potential Benefits of GI
National Saffron Mission
Challenges and Road Map ahead
Concluding Remarks

3. Introduction
• GIs represent collective goodwill of a
Geographical region, which has built
up painstakingly over centuries
• The importance of Geographical
Indications has increasingly grown
over the past decades.
• Geographical Indications(GIs) has
become a major policy issue in the
International economic relations and a
term recognized by the general public
the world over.

4.  The past decade has witnessed
emergence of GIs as one of the most
important instruments to protect
quality, reputation or other
characteristics of goods essentially
attributable to their geographical origin
 GIs are being recognized as the most
effective IPR for developing countries
because of its potential to:
 Localize Economic Control
 Reward Holders of TK and
Encourage Indigenous Social
Development

5. GIs deal with local issues
• Their Protection generates an original
scheme of governance.
• GIs were first protected in France and
later harmonized in EU and then
included in TRIPS agreement which
was the basis for the enactment of The
Geographical Indications (Registration
& Protection)Act, 1999.

6. GIs are based on Twin policies
Contrary to other IP laws,GIs are less
homogenized in International Legal
Framework & is based on twin policies:
• Consumer Protection through the
expression of frauds and unfair
competition.
• Rural Development through revival of
TK & Traditional Genetic Resources

7. Legislative Protection of GIs in
India
• Prior to 1999 there were so many
legislations to protect GIs but such
protection was afforded much before
TRIPS agreement came into force.
• But this kind of legal protection does
not make a difference between
trademarks and GIs and the
protection available was purely judge-
made.

8. Need for separate Legislation
• Thus there was a need for a Separate
legislation which would clearly
demarcate these two distinct branches
of Law.

9. GI protection in India
• In India we have Geographical
Indications of Goods (Registration
and Protection) Act,1999 for Protection
of GIs.
• As per the Act, “GI” in relation to
goods mean:
“ an indication which identifies such goods as
agricultural goods, natural goods or manufactured goods
as originating, or manufactured in the territory of country,
or a region or locality in the territory, where a given
quality, reputation or other 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 processing or
preparation of the goods concerned takes place in such
territory, region or locality, as the case may be."

10. Sleeping Beauty IPR-a tool to
protect intangible economic
assets
• GIs protect intangible economic assets
such as attributes and reputation of a
product through:
• Market Differentiation
It is considered as a promising tool to
maintain multi-functionality in rural
landscapes and involve local
population in biodiversity
management and conservation.

11. Protection of Product’s
reputation
• Geographical Indications are
viewed as helpful tool for product
identity and economic efficiency.
• It enables registered proprietors
and authorized uses to deliver
appropriate supply to the
market.

12. Product Differentiation
• GIs facilitate for the creation of
Product Differentiation on the
basis of attributes which in turn
makes market supportive:
• Higher Market Price
• Exclusive Rights for
market strategy
• Obtaining premium
market price

13. Potential Benefits of GI
Economics
Educational
Environment
Culture
Governance

14. GI Registration in
Developed and Developing
Countries
• The developed countries contend
that GIs registration should not
act as a trade barrier.
• They oppose the registration of
GIs & pick up technical issues
relating to registration with an
object to force Intellectual
recession in Developing
Countries

15. GI Registration in
Developed and Developing
Countries
• Developed countries are aware of
the fact that developing countries
are the hub of such products
which deserve to be registered as
GIs.
• Developing Countries on the
other hand have special skill,
labour, creative intellect and
Natural environment which
appeals to the aesthetic sense of
the consumer

16. GIs of Himachal Pradesh and
Jammu and Kashmir
• Himachal Pradesh
GI tags accorded to:
• Kullu Shawl
• Kangra Tea
• Himachali Chuli Oil
• Himachali Kala Zeera
• Chamba Rumal
• Kinnauri Shawl

17. GI Tags for Crops
• Japonica Red Rice
• Kinnaur Rajmash
• Karsog
• Shillington
• Chamba
• Urdbean
• Karsog Kulthi
• Kullu
• Kangra
• Mandi Red Rice
• Chambha’s Chukh etc..

18. Potential Candidates for GI
Tagging
• Field Crops like Barley, Rice
Kulthi Mash etc..
• Potential Crops like, buckwheat,
amaranthus, chenopodium,
millets etc..
• Animals like, Pahari cattle and
buffalo, Spiti horse and donkey;
Rampur Bushair and Gaddi
sheep etc..

19. GIs of Jammu and Kashmir
• GI tags accorded to:
• Kashmiri Pashmina
• Kani Shawls
• Sozani Embroidery
• Walnut Woodcarving
• Kashmiri Khatambandh
• Chain Stitch and Crewel
• Paper Machie
• Kashmiri Hand-Knotted Carpet

20. GIs of Jammu and Kashmir

21. GI Tagged Crops of J&K
• Red Gold
of Kashmir
Kashmiri
Saffron
• Kashmiri
Aromatic
Rice
Kashmiri
Mushkbudij

22. Kashmiri Saffron
(Crocus Sativus)
Zaffran in Urdu, Kesar in
Hindi, Kong-Posh in
Kashmiri, is historically
grown in Kashmir
Unique GI Characteristics
are Longer & Thicker
Stigmas, Natural Deep Red
Color of the Stigmas, High
Aroma, Bitter
Flavour,chemical-free
processing, and high
quantity of crocin (colouring
strength), safranal (flavour)
and picrocrocin (bitterness)
Kashmiri Saffron

23. Kashmiri Saffron
(Crocus Sativus)
Cultivate and
Harvested in the
Karewas(High Lands)
of J&K
One of the most
expensive spices of
the world.
Kashmiri Saffron
Is health Rejuvenator
and possesses
Medicinal Properties

24. Kashmiri Saffron
(Crocus Sativus)
Cultivated on 3,715
hectares of land in
Kashmir and majority
of it i.e. 3200 hectares
is in Pampore.
Over 30,000 people of
this UT are engaged
in the cultivation of
Saffron
Kashmiri Saffron
Saffron of Kashmir
have 3 types: 1.
Mongra 2. Lachha 3.
Gucchi Saffron

25. Kashmiri Saffron
(Crocus Sativus)
National Saffron
Mission launched in
2010-11 for cultivation
of Saffron in Kashmir
It was a 4 year
mission to increase
the cultivation of
Saffron in Kashmir
National Saffron
Mission
In 2020, revised objective
of the mission was start
cultivation of saffron in
Northeast of India

26. Production of Saffron In
J&K
Year Annual Yield/
Production
1996 15 MTs
2011-12 1.5 MTs
2019 12.49 MTs
2020 13.3 MTs
2021 15.04 MTs
2022 16.34 MTs
(Output per hectare recorded at 4.4
Kg; Touches 27 Year high in Kashmir)
Source: Deccan Herald, Jan. 22, 2021
The Kashmir Monitor Dated: 28 Feb. 2023)

27. Mushkbudji: Kashmiri
Aromatic Rice
Application for its GI
registration was made
by Sagam Mushbudji
Farmer Producer
Company, Kokernag
It is a short grained
aromatic rice grown in
higher reaches of
Kashmir Valley
MushkbudjiI
Mushkbudji is an
autochthonous landrace
cultivated in J&K under
irrigated rice growing
environment.

28. Mushkbudji: Kashmiri
Aromatic Rice
Conservation of
Mushkbudji has been
appreciated and its
custodians has been
awarded as Genome
Saviour Community
Award
MushkbudjiI
The Rice has been
made available at
Tourist Reception
Centres, Airports etc. so
as to attract tourists

29. Kashmiri Gucchi
(Morel Mushrooms)
(Morchella esculenta)
• Locally called Gucchi, or Morel, the
mushroom, priced at over ₹20,000 a
kg, is a forest produce collected by
local farmers and tribals.
• These are known to have
antioxidant and antimicrobial
properties. They are a rich source of
protein, carbohydrates, and Vitamin
B. More popularly, Gucchi
mushrooms are valued for their
aphrodisiac properties.

30. Kashmiri Gucchi
(Morel Mushrooms)
(Morchella esculenta)
• Gucchi grows in the forests,
pastures and high altitude areas of
Doda,Shopian, Kishtwar, Kupwara,
Pahalgam and Poonch etc.
• The local farmers are hopeful that
GI tagging will protect the brand
and also help them get the right
price for the produce.

31. Kala Zeera (Black Cumin)
• Bunium persicum is a famed herb
used as a spice, in medicines and as
a stimulant and fragrance agent.
• The herb is unique in its attributes
and is grown in Gurez, Kupwara etc.
it fetches handsome price in Indian
and International markets
• The local farmers are hopeful that
GI tagging will protect the brand
and also help them get the right
price for the produce.

32. Kashmiri Honey
• Known for its unique quality,
taste, and aroma, Kashmiri Honey
has been witnessing an invasion
from cheaper varieties.
• Kashmir is home to Kiker and Solai
trees. Unique flowers grow on these
trees. Bees collect nectar from these
flowers and produce honey.
• GI tagging for Kashmiri honey will
be a boon. It will rid the market of
fakes.

33. Kashmiri Red Chilli
• Kashmiri red chilli is used as a spice
with unique blend of medium hot
quality red pepper to flavour any
beautiful vibrant famous dishes.
• Kashmiri red chilli has a rich aroma
and is locally known as
“Marchwagan”
• GI tagging for Kashmiri chilli will
protect it from fakes and will be a
boon for farmers in particular.

34. Other products likely to get GI
TAG
• Kashmiri Namdha:
•Non-woven, traditionally processed
woolen or wool plus cotton rugs with
chain-stitched embroidery patterns &
produced by matting, pressing and
fusing fibres together.
• Kashmiri Tweed: Woven from pure
wool and manually weaving makes it
stronger and fine for extreme cold
winters.
• Kashmiri Willow Bat: Made from
Kashmiri willows,known for toughness
and its shock resistance, first choice
for professional cricket players

35. • Kashmiri Namdha, Tweed &
Kashmiri Willow Bats
Applications for GI registration filed by
Dept. of Handicrafts and Handloom,
Kashmir

36. Main Challenges
GI
Legal
Economical
Social
Geographic
al

37. Legal Challenges
• GI Registration Act came into force in
India from 15 September, 2003 but
has several inadequacies.
• No effective enforcement mechanism
at domestic and at export markets
• No agency to monitor post GI
Mechanism in India.
• Doesn’t lay much emphasis on
inspection and monitoring mechanism
for GI protection due to which
competitors try to free ride over its
reputation.

38. Legal Challenges
• GI Registration process in India is
lengthy and time consuming process,
from application, scrutiny,
acceptance, advertisement in Journal,
opposition if any to final registration.
• Therefore lots of cases of GI
Registration in India are pending
which is very discouraging for any
producer who is willing to register for
GI products.

39. Legal Challenges
• GI Registration process in India is
lengthy and time consuming process,
from application, scrutiny,
acceptance, advertisement in Journal,
opposition if any to final registration.
• Therefore lots of cases of GI
Registration in India are pending
which is very discouraging for any
producer who is willing to register for
GI products.

40. GI Registration Status in
India

41. Economic Challenges
• Marketing Costs: Lot of Efforts in
terms of time, patience, money,
quality control and very effective
planned marketing strategy is
required so that GI product can turn
into International GI brand.
• Monitoring Costs: A very sound Post
GI mechanism is required so as to
prevent infringement. But it leads to
heavy cost burden on most of the
producers especially from rural areas
in India.

42. Economic Challenges
• Example of the Complexity of
Monitoring Task: One important
example in this respect is the case of
Darjeeling Tea- Around 9.4 million
rupees is spent by Tea board of India
in Legal battle and hiring of
International watch agency to fight
Infringement.

43. Social Challenges
• Lack of Awareness: Although GI Act
came into force in 2003 but still
most people are unaware of it, its
process, its importance and how
to monitor infringement activities.
• The following image shows the
percentage Proprietorship in GI
registrations in India

45. Geographical Challenges
• Ambiguity of Exact Location: A lot of
Ambiguities arises related to the
specific location to be considered
as the origin place for the specific
product. For Instance, in case of
Basmati rice in India.
• Distance from GI office: Only one GI
registry is available that is in Chennai.

46. Technical Challenges
• Infringement Techniques :
Sophisticated tools and technology are
available currently which can copy
and item in such a way that it
becomes difficult to differentiate the
real ones from fake ones.

47. Roadmap ahead
• Provision of Strong Punishment for
Infringers in GI Regulation.
• Strengthening Post GI mechanism
so as to monitor Infringement
activities.
• Awareness campaigns in Rural
areas particularly.
• Efforts to make strong linkage
process for promotion, branding,
and distribution of the products and
its easy reach to foreign countries.

48. Conclusion:
• Efforts to create more distinct laws
and regulations.
• Joint work of all the bodies
associated.
• Removal of ambiguity.
• More benefits to the customers and
also to the producers.

49. Thank You