Assessing the Impact of GI on Traditional Indian Textiles

I. ABSTRACT

The diversity of our culture can be beautifully encompassed in the traditional textiles from the different regions of our country. Geographical Indications (GI) for Indian Textiles came about as fibres of empowerment, woven into an intricate fabric of culture and economic prosperity. This article delves into the transformative power of Geographical Indications (GI) in safeguard

ing the unique features of traditional Indian textiles that are specific to their geographical origin. It highlights how GI has emerged as a protective shield battling rampant imitation and acting as a powerful marketing tool, creating demand and recognition for traditional textiles. Even though there are a multitude of benefits that the GI offers, there are several socio-economic challenges as well as loopholes in the GI laws that are causing the actual producers to lose out on the benefits of the GI-Tag. This article outlines a comprehensive strategy that calls for amendments to the law, additional governmental assistance, and collaborative efforts to enhance the effectiveness of GIs for traditional Indian textiles. Ultimately, this article presents a comprehensive framework to enhance GI's protective influence on traditional Indian textiles.

II. INTRODUCTION

India’s textile industry has a rich cultural heritage that is deeply ingrained in the fabric of the economic and cultural landscape of its society. Indian textiles are more than just the fabric; they symbolize tradition, customs, heritage, and the hard work of generations of families who have dedicated their lives to the craft. “India has a share of 4.6% of the global trade in the textiles and apparel industry. The share of textile and apparel (“T&A”) including handicrafts in India’s total merchandise exports stood at a significant 10.5% in 2021-22.”[ii] This indicates that our traditional Indian textiles have not only a cultural but an economic significance as well. Therefore, there was an ardent need to protect them.

Traditional Intellectual Property Rights (“IPR”) such as copyrights, patents and trademarks proved inadequate to protect these textiles and the rights of the artisan communities. This is where the need for Geographical Indications (“GI”) arose as it provides a seal of quality assurance and a unique association of the product with its geographical origin.

GI for Indian Textiles came about as fibres of empowerment. Beyond a mere legal shield, they have become a potent force protecting the heritage and culture of the communities that create these textiles.[iii] As of November 2019, 65 handloom products and 6 product logos are GI-tagged in India.[iv] 

GI falls within the umbrella of IPRs and holds a distinct position recognized by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement as well as the Paris Convention. India as a member of WTO enacted the GI Act, in 1999, assuring its commitment to protecting and promoting traditional Indian Textiles. Under the Geographical Indications of Goods (Registration & Protection) Act, 1999, “Geographical Indication, in relation to goods, means an indication which identifies manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin.”[v]

Even with the GI Act in place and several other initiatives being taken to protect traditional Indian textiles through GI, there are several shortcomings and limitations in the mechanism currently in place. This article while highlighting the significant impact of GI in protecting textiles has also drawn attention to the various challenges it poses. It has suggested strategies to combat the same.

This article is divided into three sections, the first section highlights the relevance of GI in protecting traditional Indian textiles. Further, the article discussed the shortfalls of GI in India specifically with respect to textiles. The next section delves into the strategies to resolve the problems highlighted above. It concludes by summarizing that GI is not just a legal technicality; it is a force that protects culture and tradition that is inherently woven into the very fabric of Indian society.

III. THE TRANSFORMATIVE POWER OF GEOGRAPHICAL INDICATIONS

The primary legal importance of a GI Tag is its ability to create a protective shield for the original work of artisans engaged in the production of traditional Indian textiles. It establishes a clear link between a specific textile and its geographical origin,[vi] providing the artisan community exclusive rights to use its name and specific characteristics, thus protecting them from unfair competition and imitation.[vii] Further, the GI Tag empowers the artisan community to take legal action against counterfeit products.

The techniques and traditions of Indian textiles have been passed down through generations and are something that needs to be preserved. Prior to a GI Tag being granted to them, the artisans who produced these fabrics had to battle rampant imitation,[viii] and their efforts were easily replicated and sold at cheaper prices. The weavers suffered financial and reputational losses as a result. However, upon receiving the GI Tag, these fabrics saw an increase in demand and recognition.[ix] GI Tag serves as a powerful marketing tool,[x] increasing consumer confidence in the quality and authenticity of the textile, consequently increasing the consumer’s willingness to pay more for the authentic product,[xi] allowing a fair price for the product, that would benefit both the artisans as well as the consumers.

In the light of increasing challenges that the artisans were facing, many were forced to abandon their traditional crafts. GI tag links products to local heritage and reputation by offering a guarantee of origin and specific characteristics. These assets link products to local heritage and reputation. Consumers are often willing to pay a higher price for GI-certified goods.[xii] In this way, the GI tag serves as a marketing opportunity that incentivizes the artisans to continue practicing their skills and keeping the cultural and traditional knowledge alive for centuries to come.

Additionally, the GIs serve as magnets, attracting tourists to the areas where these traditional items are produced.[xiii] These tourists gain an understanding and appreciation for these artisans and the traditions and values woven in these textiles leading to an increase in sales of that particular textile. A boost in tourism not only results in increased revenue, but also presents potential for job creation, infrastructural development, and cultural exchange.[xiv]

Traditional Indian textiles are crafted by local communities using sustainable practices and locally sourced materials unlike mass-produced counterfeit products or fast fashion goods.[xv] GI has incentivized the continuation of these traditional practices by providing ample protection and business opportunities. GI Tag not only protects artistic expressions but enables these communities to keep the Indian culture alive and not give up on their traditional craft.[xvi] GI is not just a legal technicality; it is a force that protects culture and tradition that is inherently woven into the very fabric of Indian society.

IV. CHALLENGES IN THE IMPLEMENTATION OF GI

The GI Act was brought about in 1999, to safeguard the rights of artisan communities. Despite the positive impacts of the GI Act, several challenges still persist with respect to GI-tagged textiles. Several socioeconomic issues that the artisans face on a daily basis are beyond the reach of GI's protection.

The GI Act defines “producer,” in relation to goods, as “any person who if the goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods.”[xvii]

Upon close examination, this definition includes traders and intermediaries in addition to the artisans who create the products. It gives intermediaries a greater opportunity to exploit genuine producers and their goods. Their primary objective is to sell more products rather than promote authentic products hence, they have been found to partake in malpractices resulting in the dilution of the product quality.[xviii] Middlemen play a major role in the textiles' journey from the maker to the market, which creates issues with supply and demand and gives the middlemen a larger portion of the profits, leaving the producers in a precarious position and causing them to lose out on the benefits of GI like direct access to consumers, fairer pricing mechanisms, and opportunities for brand recognition and differentiation. .[xix]

For illiterate artisan communities from socio-economically disadvantaged backgrounds, the lengthy and expensive pre-registration process in India to obtain a GI Tag presents a significant obstacle. GI products are often associated with organizations or boards such as The Chanderi Development Foundation for the Chanderi cluster,[xx] that do not have the financial resources to take legal action against imitation and infringement.[xxi] There is a lack of awareness about GI among both the artisan communities and the consumers. Due to this, GI-registered products still lag behind.

A GI Tag recognizes the textile's uniqueness. The craftsmen have been driven to live in poverty, nonetheless, by the lack of market demand for their items and the plethora of fake goods available at a far lower cost than the original textile. Due to this, the artisans are often compelled to reduce the quality of their craft. These counterfeits are sold in large quantities and from multiple formal and informal sources[xxii] and regulation gets nearly impossible. Furthermore, the integrity of the GI protection system is undermined by fraudulent traders who take advantage of the system by mislabelling their products with authentic GI-tagged names due to the lack of strict enforcement measures. This reduces the premium value consumers would typically pay for the product.[xxiii]

So far very few cases concerning GIs have been heard before Indian Courts which highlights the lack of effectiveness and inadequacies of the Act.[xxiv] In order to ensure the long-term sustainability and international recognition of traditional textiles, the Indian government needs to plug these loopholes and fortify its legal framework.[xxv]

V. STRATEGIES TO ENHANCE THE EFFECTIVENESS OF GI

Even though GIs have immense potential to protect and promote traditional textiles, there are still several significant challenges that need to be resolved to fully unlock the benefits that GIs promise. In order to address these issues, a multifaceted approach must be adopted by Industry stakeholders, NGOs, and government organizations, who must collaborate to provide a favourable environment for GI protected textiles.

Since the communities seeking GI Tag are usually from backward sections of the society and often illiterate, the pre-registration process of filing for a GI Tag must be simplified. It must be ensured that during the pre-registration stages, the applicant group identifies bodies to certify that will ensure that the specifications associated with the GI-tagged products are met.[xxvi] and resolve issues of enforcement caused by counterfeit goods. Further, government could provide these communities with legal aid to assist them in the pre-registration processes and help them in litigating matters concerning infringement and imitation under its already established legal aid schemes through NALSA[xxvii] and other legal aid schemes.

There must be a government-supported textile market that is well-organized, regulated, and has set prices. State and Central grants for these producers should be given by authorities like the Ministry of Textiles and the Ministry of Micro, Small and Medium Enterprises to support the local artisan communities in the production of traditional textiles and building a market for their goods.

Furthermore, artisans need to be educated about the potential of online sales; they can be trained to open online sellers' accounts with different online sales platforms.[xxviii]  GI-tagged textiles might be offered for sale on e-commerce sites like Amazon and Flipkart, who could offer their own quality assurance seals, such as the Flipkart Assured tag, to reassure customers about the product's authenticity and boost sales of GI-tagged textiles. The quality assurances provided by these platforms can help the consumer differentiate the authentic GI-tagged goods from the counterfeit that are often widely sold on these platforms. To cater to this problem, the platforms need to continuously monitor the listings and promptly remove any counterfeits so as to protect the consumers from such inferior quality goods. Seller verification processes to list products should be strict so that producers of counterfeit goods can be identified well before the products are disseminated in the market in order to ensure compliance with intellectual property laws. E-commerce platforms play a vital role in combating counterfeit products in the market. They need to have quick response mechanisms for complaints so that any reported instance of counterfeit goods can be swiftly addressed and strict legal action can be taken against such counterfeiters.

Since the process of production of most of these textiles is very labour intensive, there is a need for improvement and modernization of the production technologies like reeling, spinning, and weaving. Further, there is a need for advanced technologies so that these GI-tagged goods can compete with the cheap, mass-produced goods available in the market. Moreover, the government could provide loans and subsidies to encourage artisans in creating their products and upgrading to advanced technologies. 

The government could set up workshops and training facilities for the artisans to help upskill them. These training sessions could cover topics like modernizing production techniques so that artisans can enhance the quality and uniqueness of their products, making them more competitive in the market. Artisans or even their children and family members can be educated on how they can leverage social media to market their textiles to reach a wider audience and establish their brand identity, thereby reducing their dependency on middlemen and ensuring a fairer distribution of profits. The government could facilitate the creation of a one-of-a-kind platform that connects the artisans directly with the consumers which not only empowers producers but also strengthens consumer trust and appreciation for authentic, locally made products. Thus, these measures safeguard the interests and sustainability of producers in the face of market challenges and exploitation by intermediaries.

Additionally, the government could utilise pre-existing schemes like the 'One Station One Product' (OSOP) scheme.[xxix] This scheme initiated by the Ministry of Railways seeks to establish a market for local/indigenous products by displaying and selling local products at a prominent location in the railway station and generate additional economic possibilities for the marginalized sections of society. It could significantly boost the promotion of GI-tagged textiles providing direct market access and economic opportunities for local weavers and artisans. GI products can also be promoted through tourism and can be marketed in airports and places of tourist attraction.

It is important to raise consumer awareness about the need to check for the GI Tag at the time of purchase. Awareness can be created through marketing initiatives including creating a brand image, holding road shows and craft fairs, and generating publicity for sales with eye-catching displays. This initiative could be taken up by intermediaries, government or even NGO’s. Inspiration can be taken from the success story of Chanderi[xxx] and initiatives such as establishing e-commerce websites, actively posting on Social Media platforms, and collaborating with online platforms can be adopted. Additionally, these fabrics can be used in platforms and events like the commonwealth games giving them a global spotlight.[xxxi] Furthermore, connecting the GI-tagged textiles to the fashion industry by bringing them on the global fashion stage by collaborating with major fashion houses might benefit all the artisans who create these unique textiles.

There is need for amending the GI Act, specifically the definition of producers. Since the role of intermediaries cannot be completely eliminated as they have a direct link with the consumers,[xxxii] thorough research is required to explore solutions on what modifications must be made to ensure that the benefits of the GI Tag remain with the artisans and are not exploited by the traders and middlemen. With collaborative efforts and these suggested improvements, GIs can help not just promote these exquisite textiles but inspire generations for a more culturally rich and economically equitable future.

VI. CONCLUSION

In conclusion, the article “Assessing the Impact of GI on Traditional Indian Textiles” highlights the significant role played by GIs in promoting and safeguarding the unique features of traditional Indian textiles that are deeply embedded into the cultural heritage of our country. The transformative power of GI acts as a protective shield against imitation, fostering economic prosperity and preserving the cultural legacy of the artisan communities.

The article has discussed the numerous benefits of GI, from protecting authenticity and empowering artisan communities to enhancing the market demand and reputation of these goods. But, despite the positive impacts of GI, several challenges still persist including loopholes and limitations in the GI Act, socio-economic issues, and a general lack of awareness among both consumers and producers of traditional textiles.

The article draws attention to these challenges among many others that obstruct us from realizing the complete potential of GIs. The article then proposes a comprehensive strategy to ensure that GIs can effectively fulfil their true purpose. it calls for amendments to the law, increased governmental assistance, and collaborative efforts involving industry stakeholders, NGOs, and governmental organizations. Simplifying the process of registration for GI, providing legal aid to artisan communities, and leveraging e-commerce platforms are major components of this strategy. The article emphasizes the need to amend the GI Act, especially the definition of producers given under the Act to ensure the complete welfare of artisan communities and the overall protection of these textiles.

Overall, the article advocates for a collaborative approach to enhance the protective influence of Geographical Indications on traditional Indian textiles. By addressing these challenges and implementing effective strategies including amendments in laws concerning GI, it can be ensured that GIs can effectively protect and promote our traditional textiles as the intricate weave of these textiles with threads of culture, economic prosperity, and environmental sustainability, holds immense potential to help India become the global leader in sustainable and ethical fashion while also empowering the artisan communities.

[i] The authors are students at the Mumbai National Law University, Nagpur.

[ii] Ministry Of Textiles, Government Of India Annual Report 3 (2022-23).

[iii] Suelen Carls, Thinking Outside the Box: Legal and Non-legal Objectives of Geographical Indications, WIPO-WTO Colloquium Papers, (Jan 13, 2024) https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2017/chapter_1_2017_e.pdf.

[iv] Victoria & Albert Museum, (Mar. 24, 2024) https://www.vam.ac.uk/articles/indian-textiles

[v] Geographical Indications of Goods (Registration & Protection) Act, 1999 No. 48, Acts of Parliament, 1999.

[vi] WIPO, Geographical Indications, (Jan 13, 2024) https://www.wipo.int/geo_indications/en/.

[vii] Id.

[viii] Ruppal W Sharma & Shraddha Kulhari, Marketing of GI Products: Unlocking their Commercial Potential, Centre For WTO Studies, (Jan 11, 2024) https://wtocentre.iift.ac.in/Papers/Marketing%20of%20GI%20Products%20Unlocking%20their%20Commercial%20Potential.pdf.

[ix] Kasturi Das, Prospects and Challenges of Geographical Indications in India, 13 J. World Intellect. Prop., 148, 173 (2010).

[x] Francesco Carrelli Palombi, Exploring the Benefits of Geographical Indications, Dennemeyer (Jan. 3, 2023), https://www.dennemeyer.com/ip-blog/news/exploring-the-benefits-of-geographical-indication/.

[xi] Kasturi, supra note 8 at 158.

[xii] Why Geographical Indications matter to SME’s, WIPO, https://www.wipo.int/sme/en/geographical-indications.html#:~:text=Using%20a%20GI%20label%20links,price%20for%20GI%2Dcertified%20goods.

[xiii] Kasturi, supra note 8 at 180.

[xiv] Id. at 593.

[xv] Ketki, Sustainable textile and Sustainable practices from traditional Indian Culture, Curiosity saves the planet, https://curiositysavestheplanet.com/sustainable-textile-and-clothing-practices-from-traditional-indian-culture/; Ritu Sethi, Handmade for the 21st century safeguarding traditional Indian textiles, UNESCO Digital Library, https://unesdoc.unesco.org/ark:/48223/pf0000382921.

[xvi] Id at 594.

[xvii] Geographical Indications of Goods (Registration & Protection) Act, 1999 No. 48, Acts of Parliament, 1999.

[xviii] Duplicate GI products hampering niche market: Textile Min, Business Standard, https://www.business-standard.com/article/pti-stories/duplicate-gi-products-hampering-niche-market-textile-min-116011201241_1.html.

[xix] Pratima Kalita, Role of Muga Silk-GI of Assam in the Sustainable Development of Assam, 5 International Journal of Law Management & Humanities, 594, 595 (2022).

[xx] Kasturi, supra note 8 at 177.

[xxi] Abhishek Mishra, Can Geographical Indications Support the Indian Village Economy Impacted by the Ongoing Economic Crisis Caused by COVID-19? Brics Law Journal. 2022;9(2):121–144.

[xxii] The New Indian Express, https://www.newindianexpress.com/cities/vijayawada/2020/Feb/09/despite-gi-tag-work-duplication-a-major-concern-rue-handloom-artisans-2101062.html

[xxiii] Yogesh Pai & Tania Singla, Vanity GIs’: India’s Legislation on Geographical Indications and the Missing Regulatory Framework, in Geographical Indications at the Crossroads of Trade, Development, and Culture 334, 333-58 (Irene Caboli & Ng-Loy Wee Loon, eds., 2017).

[xxiv] Naina Gupta and Vaishali Joshi, Trends in GI sector: An analysis, Lakshmikumaran & Sridharan Attorneys (Jan. 14, 2024), https://www.lakshmisri.com/insights/articles/trends-in-gi-sector-an-analysis/.

[xxv] Ranjit Singha & Surjit Singha, Women’s Empowerment through the Silk Industry of Assam, India, and its underlying economy, 21 Journal Of International Women’s Studies, 17, 9–31 (2020).

[xxvi] Yogesh, supra note 22, at 351-354.

[xxvii] NALSA, https://nalsa.gov.in/ (Mar. 24, 2024).

[xxviii] Ranjit, supra note 24 at 18-19.

[xxix] Press Information Bureau, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1923698 (March 25, 2024).

[xxx] Kasturi, supra note 8.

[xxxi] Kasturi Das, Prospects and Challenges of Geographical Indications in India, The Journal Of World Intellectual Property 13, 148 -201 (2010).

[xxxii] Pratima Kalita, Role of Muga Silk-GI of Assam in the Sustainable Development of Assam, 5 International Journal of Law Management & Humanities, 594, 595 (2022).