Odisha Review April - 2013

Geographical Indications in : A Leading Destination of Traditional Handlooms

Dr. K.D. Raju Seema Chaudhary

Introduction registered and rest is soon to be granted. Odisha holds 4th position in in registered GIs (14) Geographical Indications is one of intellectual after Karnataka (31), Andhra Pradesh (20), property which is protected around the world Kerala (20), and Tamil Nadu (18). Out of 14 under the Agreement on Trade – Related Aspects goods, 9 are textile items and 7 textile items are of Intellectual Property (TRIPs) under the World registered by the Department of Textiles, Trade Organization (WTO) since 1st January and Boyanika. 19952. India passed its legislation in 1999 in the name of Geographical Indication Goods So far Odisha registered 9 items of textile (Registration and Protection) Act, 19993. Present products. They are: paper analyzed the GI registrations in India and 1. Kotpad Handloom Fabric (registered earlier, the contribution of Odisha in GI protection, Application No.10) especially the Textiles Sector. 2. Orissa (registered earlier, Application As per the data available till January, No.22) 2013 in India, 178 goods have been registered 3. Saree & Fabrics (registered earlier under the GI Act 1999 out of which 106 belong by co-operatives, Application No.136) to the handicraft category followed by agriculture (43), manufactured (15) and foodstuff (4). 4. Gopalpur Tussar Fabrics Application Amongst the (106) which constitutes 63% of the (registered earlier, Application No.167) total GI filings. Out of the total handicraft GIs, Newly registered ones the number of textile GI are (53) which constitutes 1. Dhalapathar Parda & Fabrics (Application around 31% of total handicraft GIs. GIs that are No.207) included in both handicraft and textile (e.g. 2. Sambalpuri Bandha Saree & Fabrics embroidery) are 14 in number. (Application No.208) Odisha has come up as an emerging State 3. Bomkai Saree & Fabrics (Application in filing geographical indication applications in the No.217) GI Registry in Chennai. It has filed sixteen 4. Habaspuri Saree & Fabrics (Application applications till now. Fourteen have been No.219)

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5. Patta (Phoda Kumbha) Saree & countries. Majority of the applications are from (Application No.220) India which are 247 in number and rest belong to 4 Registered GI logos are : foreign countries . Among the 247 Indian applications, majority of them have been filed in handicraft (156) class of goods followed by agricultural (65) class of goods. Manufactured category has 19 applications and food stuff has the least number which is around 9. Twenty states have contributed towards the registered Geographical Indications till date. Highest contribution has come from Karnataka. It has registered 31 Geographical Indications against 36 geographical indication application filed. Only 5 applications lie pending with the Indian GI registry. Next in row are Andhra Pradesh and Kerala. Both have equal number of registered Geographical Indications which are twenty in number. But the number of filed applications is different from these states. Andhra Pradesh (27) Geographical Indications have been has six more number of GI applications filed as registered and filed in different categories. Indian compared to Kerala (21). Next significant player regime recognizes four categories of goods as per in the field of registered Geographical Indication sec 2(f) of Geographical Indication Act 1999. is Tamil Nadu with 18 Geographical Indications They are agricultural, handicraft, manufactured against 25 applications filed so far. Apart from and food stuffs. Handicraft Geographical the above mentioned four states, all other states Indications are 110 in number and agricultural have less than 10 GIs registered against their category holds second rank with 43 geographical name. In case of number of applications filed one indications. Next in row are manufactured more state comes into picture significantly and it geographical indications which are 14 in number is Uttar Pradesh with 26 applications. Odisha is followed by food stuffs which are 5 in number. upcoming state to file applications which are 16 The total 381 filed applications include in number for now followed by Gujarat with 15 applications filed from within India and also foreign GI applications. Rest other States have less than 15 GI applications filed against their names. Table1: Details of the registered and filed GI applications from all over India

S.No. States Registered GI (%) Filed Applications (%) 1 Karnataka 31 18.02 36 14.57 2 Andhra Pradesh 20 11.62 27 15.69 3 Kerala 20 11.62 21 12.20 4 Tamil Nadu 18 10.46 25 14.53

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5 Odisha 9 5.23 16 9.30 6 Rajasthan 9 5.23 10 5.81 7 West Bengal 9 5.23 9 5.23 8 Gujarat 8 4.65 15 8.72 9 Maharashtra 7 4.06 14 8.13 10 Jammu & Kashmir 6 3.48 7 4.06 11 Uttar Pradesh 5 2.90 26 15.11 12 Bihar 4 2.32 5 2.02 13 Chhattisgarh 4 2.32 4 1.61 14 Madhya Pradesh 4 2.32 6 3.48 15 Himachal Pradesh 3 1.74 5 2.90 16 Assam 2 1.16 2 1.16 17 Pondicherry 2 1.16 2 1.16 18 Goa 1 0.58 1 0.40 19 Nagaland 1 0.58 3 1.74 20 Punjab &Haryana 1 0.58 3 1.74 21 Manipur - - 3 1.74 22 Arunachal Pradesh - - 1 0.40 23 Mizoram - - 1 0.40 24 Sikkim - - 1 0.40 Source: http://ipindia.nic.in/girindia/

Foreign Applications Filed in India number. Highest foreign filings are in manufactured Out of the 134 foreign GI applications filed in (105) category followed by food stuff (21) India only eight have been registered so far. category. The foreign filings have been contributed Majority of them belong to manufactured category by 19 foreign countries. They include the above and only one application is in food stuff. The six mentioned countries and other countries are countries that have registered these geographical Austria, Cyprus, Czech Republic, Finland, indications against their names are France, Italy, Germany, Greece, Hungary, Ireland, Mexico, Peru, Portugal, United Kingdom and United Poland, Slovenia, Spain and Sweden5. Highest States of America. France and Portugal has the number of GI applications have been filed by highest number of registered GIs among these France (35), followed by Spain (28) and Italy countries. Italy owns the only food stuff GI. The (24). Germany and Greece has filed eleven and eight foreign GI applications have also been filed thirteen GI applications respectively. Others have in agricultural category but they are the least in filed less than five GI applications.

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Table2: Details of the registered geographical indications from foreign countries.

S.No. Geographical Indication Application No. Country Category 1 Peruvian Pisco 43 Peru Manufactured 2 Champagne 140 France Manufactured 3 Napa Valley 146 U.S.A Manufactured 4 Scotch Whisky 151 United Kingdom Manufactured 5 Prosciutto di Parma 164 Italy Food Stuff 6 Porto 226 Portugal Manufactured 7 Douro 227 Portugal Manufactured 8 Cognac 230 France Manufactured Source : http://ipindia.nic.in/girindia/ Year – wise analysis of the registered geographical indications from India and foreign countries is being analyzed here.

Fig1: Analysis of registered geographical indications from India and foreign countries annually.

Source: http://ipindia.nic.in/girindia/

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Fig2: Analysis of geographical indication application filed from India and foreign countries annually.

140 126 120

100

80

60 39 37 31 32 40 26 26 14 16 20 3 6 0 0 1 0 0 2 2 3 0 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 29th March India Foreign 2012

Source: http://ipindia.nic.in/girindia/

Geographical Indications from Odisha Geographical Indications registry and due for issuance of certificates in the month of June 2012. Twenty Indian states have registered geographical indications; among them is Odisha Among the nine geographical indications (Odisha). Odisha has registered nine geographical registered major fraction is contributed by indications so far. It is around 5.23% of the total handicraft goods (77.77%) and rest is contributed registered geographical indications. Odisha lies by agricultural goods. The handicraft goods at fifth position in number of total registered registered are also mainly from textiles (57.14%) geographical indications. Odisha has come up as which slightly more than 50% of the total an emerging state in filing geographical indication handicraft goods. The filed geographical applications. It has filed sixteen applications till indication applications are mainly in the handicraft now. Nine have been registered and rest is soon sector. Second largest sector are agricultural to be granted. Odisha holds sixth position in case applications. One application has been filed in of number of filed geographical indication food sector and manufactured sector is untouched. applications. Five textiles applications had been The filed handicraft GI applications are dominated published in the January 2012 Journal of the by textiles (76.92%).

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Fig3: Distribution of GI among the Indian states, foreign nations and Odisha.

Source: http://ipindia.nic.in/girindia/ Table3: Details of registered and pending GI applications Status Agricultural Handicraft Manufactured Food Stuff Registered 2 7 - - Pending - 6 - 1 Source: http://ipindia.nic.in/girindia/

Fig4: Analysis of registered geographical indications from Odisha annually

Source: http://ipindia.nic.in/girindia/

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The geographical indications from Odisha were 2. Application No. 207: Dhalapathar Parda & first registered in year 2005 – 2006 and then Fabrics (Handicraft). increased in the number of registered geographical 3. Application No. 208: Sambalpuri Bandha indications. Department of Textiles, Govt. of Saree and Fabrics (Handicraft). Odisha has played a crucial role in newly filed applications. Five new applications had been filed 4. Application No. 217: Bomkai Saree & in 2010. Fabrics (Handicraft). 5. Application No. 219: Habaspuri Saree & Given below are the registered geographical Fabrics (Handicraft). indications from Odisha: 6. Application No. 220: Berhampur Patta Saree 1. Application No. 10: Kotapad Handloom & Joda (Handicraft). Fabric (Handicraft). Conclusion 2. Application No. 22: Orissa Ikat (Handicraft). India is in evolving era of the new 3. Application No. 87: Konark Stone Carving upcoming intellectual property i.e. geographical (Handicraft). indications. Total registered geographical 4. Application No. 88: Orissa indications are gradually increasing year by year. (Handicraft). Odisha is one of the states coming up as a 5. Application No. 86 &108: Pipli Applique potential player in this area. For Odisha, number Work (Handicraft). of other GI applications can be filed in the fields of agriculture and handicrafts. 6. Application No. 136: Khandua Saree and Fabrics (Handicraft). 7. Application No. 167: Gopalpur Tussar Fabrics (Handicraft). 8. Application No. 228: Kewda Rooh (Agricultural). 9. Application No. 229: (Agricultural). Details of the Filled application which are Dr. K.D. Raju, Assistant Professor of Law at Rajiv 6 soon to be processed : Gandhi School of IP Law, IIT Kharagpur. 1. Application No. 175: Ganjam Goat Ghee Seema Chaudhary, M.Sc Plant Biotechnology Final Year (Food stuff). Student, TERI University, New Delhi.

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