DR CHARU WALIKHANNA

ADVOCATE SUPREME COURT FORMER MEMBER National Commission for Women (NCW) PRESIDENT Social Action Forum for Manav Adhikar (SAFMA) NGO in Special Consultative Status with ECOSOC of the UN

BRAND DEVELOPMENT IMPROVED CAPACITY of the small and medium

sized producers SKILL BUILDING for creating, protecting and

managing brand by using GI as a tool

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PREAMBLE An Act provide for the registration and better

protection of geographical indication relating to goods.

In Section 2, are definitions Geographical Indication [S.2(e)] “Goods ” [S.2(f)] “Producer ” [S.2(k)] Section 6 makes provision for a REGISTER of

Geographical Indications and Section 7 states Register will have two parts.

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(2) The particulars relating to the registration of the Geographical Indications shall be incorporated and form Part A of the register in the prescribed manner.

(3) The particulars relating to the registration of the Authorized Users shall be incorporated and form Part B of the register in the prescribed manner.

Thus it is clear in Part A of the Register details relating to the Geographical Indications are incorporated, including that of Registered Proprietor; and in Part B that of the AUTHORISED

USER, since they are the producers of the goods.

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S. 25 GI ACT Section prohibits registration of GI as a Trade Mark. In the Trade Marks Act, 1999 also there is specific prohibition u/s.69

which is couched in negative language . S. 69. Certain provisions of this Act not applicable to certification trade

marks.—The following provisions of this Act shall not apply to certification trade marks, that is to say,—(a) clauses (a) and (c) of s.9(1)

S.9. Absolute grounds for refusal of registration.—(1) The trade marks— (b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services;

S.43. A certification TM shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner.

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Goal to help producers in developing countries achieve better trading conditions and promote sustainable farming

Reaching out to the less visible and silent IP generators and holders, especially in the rural and remote areas, through campaigns tailored to their needs and concerns. These would include small businesses, farmers/ plant variety users, holders of traditional knowledge, traditional cultural expressions and folklore, designers and artisans

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GI 1 DARJEELING TEA (Word) GI 2 DARJEELING TEA (Logo) Applicant Tea Board Class 30 Goods Agriculture Geog Area Darjeeling (West Bengal) Validity 27.10. 2003 - 26.10.2023

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Application No. 568 DARJEELING WHITE Application No. 569 DARJEELING GREEN Applicant Tea Board Class 30 Goods Agriculture Geographical Area INDIA Status Pre examination Date of filing 04.10.2016

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PART A containing particulars relating to the registration of the GI - Date of filing for Darjeeling Tea as GI 1 (Word) on 27.10.2003 in Class 30 along with a list of 87 Tea Gardens by the Tea Board of India.

Part B contains particulars relating to the registration of the Authorized Users (Section 7 of the Act)

No Authorised User registered despite GI registration for over 10 years.

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REG

ISTE

RED

PRO

PRIE

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AUTH

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USE

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Particulars of REGD PROPRIETOR is incorporated in Part A and AU in Part B, thereby registration confers two different rights to two different categories.

RIGHTS REGISTERED PROPRIETOR have right restricted to

obtain relief in respect of infringement of the GI, and no other right.

RIGHTS AU has the exclusive right to use the GI Obtain relief in respect of infringement of the GI. Mandatory even for the Regd Proprietor, to

register as AU u/s.17 in order to use the GI. AUTHORISED USER is a device through which the GI is allowed to be implemented and used.

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The law envisages that in a country like India often producers being poor/unempowered may not be in a position to complete paper work/formalites, so to protect them, entitlement has been provided in S.11 to any association of persons or producers and in addition to “any organization or authority established by or under any law for the time being in force representing the interest of producers of the concerned goods,..”

Word 'Registered Proprietor' must be understood in a restricted sense, as a representative of the interest of the producers, but not a commercial body itself; whereas the ‘Authorized user’ or producer of goods holds the exclusive right and authority to use of the GI.

Tea Board represents interests of the GI Darjeeling Tea producers, processors, traders and exporters and speak authoritatively on matters of tea production, labour welfare, bonus to workers etc;

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Register AUTHORISED USERS Encourage use of the GI Darjeeling Tea by

Authorised Users who being the producers should have autonomy regarding production and protection of the GI mark and logo.

Since the GI is an indication which identifies goods on which it is used upon; and so that it does not become ‘generic’ or attain ‘secondary meaning’.

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Worldwide tea sold as ‘Darjeeling tea’ to credulous customers, is more than five times of the actual exports of genuine Darjeeling tea from India. More than 20 years ago, Darjeeling tea producers claimed that ... an estimated 40 to 50 million kilograms of tea is sold worldwide as ‘Darjeeling tea’ to credulous customers, when the actual exports of genuine Darjeeling tea from India are no more than 8 or 9 million kilograms! ... However, the output of Darjeeling tea has declined steadily over the past three decades, and the vacuum on the world market has been exploited by unscrupulous blenders in the West. They have happily passed off Kenyan or Sri Lankan tea as Darjeeling tea (Dasgupta, 1987).” - FAO Study

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Extracts of Parliament of India Rajya Sabha Dept Related Parliamentary Standing Committee on Commerce 102nd Report on Performance of Plantation Sector - Tea And Coffee Industry

Page 10 - 2.21 The Committee during its interactions with the stakeholders was informed that owing to significant volume of duty-free import of tea for re-export, there has been a dent in our own exports. The most alarming part of this export is that it is being done without any value-addition as there are no significant value-addition norms stipulated by the Tea Board for re-exports. The Committee is gravely concerned on the unpreparedness of the Department to deal with the unscrupulous exporters importing cheap tea from other countries and re exporting it without any significant value-addition under false certificate as Tea of Indian Origin and eating away the value of Indian tea by under quoting the genuine exporters of Indian tea. The Committee opines that the apathy of the Department towards such practices has seriously undermined the image as well as value of Indian tea in the export market....

Source http://www.teaboard.gov.in/pdf/notice Parliamentary%20Standing%20Committee%20Report.pdf

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How will it help people like me?

What is the relation between GI and my economic prosperity?

How can GI become my strength?

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First craft in India of which all producers applied for registration as Authorised Users

leading to 100% coverage

DEVELOPING THE GI LOGO

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The brand “JAIPUR BLUE’ created and developed. Came into use within less than 24 hours of the first day of the

workshop (July 13, 2009) when an artisan used the circulated CD to develop a consignee label for blue pottery products being supplied by him to “Rajasthali’, a government emporium having outlets all over India besides, Jaipur.

Labels/stickers with JAIPUR BLUE GI mark provided to artisans to use on stock in inventory.

Web site developed by RUDA linking all Authorised Users alongwith their product range.

To make web-site sustainable it was proposed to be maintained by the three artisans societies.

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‘JAIPUR BLUE’ GI MARKING commenced 15 NOV 2009. Efforts to introduce lead free methods by technical

experts, from the CGCRI, Khurja Introduction of Costing & Price Determination in order to

maintain the exclusivity of the “JAIPUR BLUE “ GI brand and enhance saleability.

Products are stamped with the “JAIPUR BLUE” GI MARK Office of the DCH conduct RANDOM INSPECTIONS Only registered AU artisans participate in exhibitions

/fairs sponsored by the Office of the DCH and all products exhibited are stamped with GI logo and mark

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Brand building and promotion of “BLUE POTTERY- GI” important so that the CUSTOMER IS AWARE.

PUBLICITY CAMPAIGN recommended, initially in Rajasthan and then all over India familiarizing customers with GI mark & logo.

Encourage the customer to purchase only genuine blue pottery handicrafts.

Make public aware of the difference between original and fake. Since the purchase of fakes not only causes economic loss to the artisans, but poor quality products damage their reputation.

Jaipur Blue Pottery Cluster be connected with TOURISM HUBS in order to promote the craft and encourage artisans.

Govt to set up a Blue Pottery ka Rasta on the lines of Khazane-walon-ka-rasta where only one kind of product is sold in that lane, eg bangles, jewellery, etc.

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GI Application No. 102 Class 6 Goods BELLMETALWARE Regd Proprietor Dev Commissioner Handicraft 05.07.2007-04.07.2027 No. 388 (LOGO) 12.11.2012

GI AWARENESS INITIATIVE aimed at evolving and developing a mechanism for enabling the craftspersons face challenges for utilizing the opportunities of post WTO regime and taking up problems/issues relating to brand building and promotion of “BELL METALWARE OF DATIA & TIKAMGARH - GI”. -Integration of traditional craftspersons in the modern economic system -Development of capacities of local communities in terms of economic opportunity

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* Door to door advocacy among producers to encourage use of GI •Formation of the craftspersons into groups/ associations/confederation. Inturn leading to increased market negotiating power of artisans •INITIATIVE culminated in a 2 DAY WORKSHOP to skill craftspesons face new opportunities with high levels of protection at par with international standards

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•Craftspersons keen to apply GI LOGO since it is proof of the authenticity of goods. •The products have an antique look and are often mistaken for stolen antiques. •While transporting the goods by train, the railway police harass them accusing them of stolen the goods from temples.

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The handicraft industry is the second largest employer, next only to handlooms.

According to the UNCTAD report 25% female artisan population has been reported from artistic leatherware and papier mache crafts. Whereas in crafts such as stoneware, art metalware, etc. female participation was extremely low.

On the contrary in Tikamgarh women are actively involved in the process and work till late at night, since they are mainly family run units. They are not only involved in soft processes but also handle the furnace. The women are mostly educated and a number of young women are involved.

The positive impact of this economic empowerment is the consequent impact on the women’s decision making power., for enhanced employment opportunity has enabled women to use their potential in the labour market and achieve economic independence to some extent.

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Incorporation of GI logo at what stage of production. Process of making it functional be easy, and not time

consuming. Leather Toys of Indore TAGS developed. Spin-off effect was an

artisan started a start-up, and is now in the tag business commercially.

Pre inked stamps provided as Branding and Marketing tools. A pre inked stamp is an impressive and affordable promotional tool .

Can be used by artisans to make impressions on documents or parcels to promote their company. - Helps build the brand and can make people aware about the existence of the artisan’s authenticity.

GI to be used on Brochure, Pamphlets, labels etc.

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• LOGO DEVELOPED.- ‘Jumping horse’ on uncut leather skin - international symbol

• EMBOSSING of GI logo on leather • DIE MAKER contacted who further

developed the logo. • Sampling UNSUCCESSFUL. – Since

artisans stretch wet leather on the product, he embossed GI logo looses its shape. It fades or gets distorted.

• Artisans again discuss with die maker • OPTION 1 - Use hand-held machine to

EMBOSS the final product. • OPTION 2 -Attach TAG with GI logo. • OPTION 3 – Create impression from

below by inserting die inside the product .

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Though India is a multi-caste, multi-ethnic, cultural, linguistic, and religious society, certain communities have a history of being oppressed and socially excluded. Traditionally, scheduled castes or Muslims were associated with leather related professions.

The craft of Leather Toys of Indore proves Art & Economics are great levelers. The craft is also practiced by other castes ie Vermas, who got into manufacturing Leather Toys many decades ago; in the absence of any other alternative in the early eighties, when the textiles mills were lock-up and workers rendered jobless.

Competitiveness of enterprise and economy is not negotiable. It must be achieved through knowledge and competence in a rapidly developing economy, not by maintaining caste hierarchies.

To encourage marginalized sections of society and to give them an economic boost SCHEDULED CASTE ARTISANS registered as AUs

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Leather Craft in Indore has remained fairly gender neutral, creating flexibility to accommodate women.

The women are registered artisans and work on job work basis.

Work being done by women mainly comprise leather pasting and colouring.

The women involved in Leather Craft are mostly domestic helps who supplement their incomes by working in this craft sector. The education levels range from class V to class VIII, with some being even graduates. SAFMA

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Doria means thread. By combining cotton and silk yarns the distinctive fine check pattern resembling translucent graph paper is produced. Cotton provides strength and durability and silk ensures its softness and delicate feminine qualities.

Doria fabric is embellished with borders and small decorative patterns called buties woven in using cotton, silk, silver or golden thread. Gold and silver threads are called zari.

Zari is made from a mixture of metals including 5% real gold on a red silk thread.

Zari is very expensive but the weavers only use pure zari so as not to devalue the product.

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THREAT -Local shops sell duplicate Kota Doria and SHOP BOARDS proclaiming to specialize in Kota Doria sell cheap imitations. SOLUTION – Popularize the GI. Information empowerment, and awareness campaign aimed to provide buyer with reliable information and assurances with regards to authenticity of the product. Make customer aware of the difference between genuine & duplicate. Prevent free-riders from passing off their goods as the goods of the GI holders.

According to the salesman this poor quality rubber stamp had been supplied by the

Market Union. Most probably to silence nosy parker questioning and avoid liability of

selling fakes

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FEMALE ARTISANS from extremely conservative families

Semi urban background Holders of traditional knowledge Bread earners for their respective families Possessed entrepreneurial wit, and ability to

innovate Unaware of the possibilities of the internet.

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STEP1 Functions of internet - How it came into existence, who and what does the internet comprise of, and why the internet will drive the future.

How the internet could be leveraged to market their products. RESULT – WOMEN BORED NOT COMPREHENDING TECHNICAL

JARGON STEP 2 Hands on activity to interest them in the subject. Game play with ‘www.google.com’, right from listening to songs to

seeing competitors products. Explored and opened relevant govt portals, navigating through

them, for it crucial to understand how the government can help protect and market their respective intellectual properties.

After setting up the ‘internet’ premise, the curriculum was tailored according to the needs of the women, which could be fulfilled through the internet.

STEP 3 Opened www.youtube.com, at the same time taught how to upload videos on YouTube to SHARE THEIR BEAUTIFUL CREATIONS WITH THE WORLD.

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Step 4 Importance of social media explained and its extreme relevance in the present generation.

Most of the portals opened had the option of ‘Log in through Facebook’. Women assisted to set up Facebook account. Interestingly, their children

accompanying them helped out. Many women did not have email ID. A step back was taken and explained was

how email functions and significance of ID. Women were made to email each for practice. Most importantly, it provided

an opportunity to educate on phishing & other security threats of internet. PASSWORD is like ATM pin code, NEVER TELL anybody and keep changing. Once email id’s had been set up, subsequently Facebook accounts discussed

and how to market products through Facebook. And apply the same practices to other social media platforms, namely – Instagram and Pinterest.

Facebook option to stream a ‘Live Video’, demonstrated. A team members, used his account to stream a live video of all the women looking into his phone camera and sharing details about the kinds of products they make. Interestingly , ‘Facebook friends’ of the team member wanted to buy some of the products the women described. This helped establish the importance of social media in reaching out to a larger audience

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Shopping malls have given international brands access to domestic markets for which people happily spend money. But when it comes to buying local, homegrown products, they bargain for a ‘good price’.

CASHLESS channels of payment. Often artisans short for change are compelled to accept the ‘customer’s price’ and not what was quoted.

Vital for artisans to understand that they can ship products across the country and receive INSTANT PAYMENT, directly into their bank account.

Market will increase ten fold through use of social media and mobile wallets. And time saved with increase in efficiency and efficacy.

In today’s day and age, big corporations are tying up with ‘micro-influencers’ to market their products and services. Micro-influencers are essentially people who use social media and have a critical mass of followers, subsequently people hold their opinion in high regard.

Explaining the idea of what constitutes a micro-influencer and how they are shaping consumers’ tastes, important to set up the premise of social media.

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STAY ABREAST WITH INTERNATIONAL STANDARDS BASMATI RICE -GI NO.145 CLASS 30 GOODS –AGRICULTURE 26/11/2008-18 REGD PROP -The Agricultural & Processed

Food Products Export Dev Authority (APEDA) Baldev Kumar (Haryana) is a confused man these days. At a recent workshop

conducted by the All India Rice Exporters Association (AIREA), he was told not to spray the fungicide Tricyclazole beyond 70-75 days after transplanting of the popular Pusa-1401 basmati paddy variety.

European Union (EU) decision to bring down the maximum residue limits (MRL) for Tricyclazole in imported rice shipments to 0.01 parts per million (ppm). This is as against the existing tolerance level of one ppm (one ppm is 1 mg/kg; 0.01 ppm equals 1 mg/100 kg).

“Out of India’s annual 40 lakh tonnes (lt) basmati exports valued at around Rs 22,000 crore, 3.5 lt goes to the EU. Much of it constitutes Pusa-1401 and Pusa Basmati-1 rice. The EU action reducing the MRL for Tricyclazole to default levels can significantly affect shipments and amounts to a non-tariff barrier.”

Source : http://indianexpress.com/article/business/business-others/fading-aroma-basmatis-latest-challenge-rice-export-pusa-airea-4748107

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