This article is written by Rupsha Banerjee, pursuing a Diploma in Intellectual Property, Media and Entertainment Laws from LawSikho.
Table of Contents
What is geographical indication?
Geographical Indication (GI), according to the World Intellectual Property Organization, is an intellectual property right identifying a commodity which is specific to a particular geographical region. Its unique characteristic features, quality and reputation are all attributable to this region where the commodity first originated. GI’s however do not extend any protection to products or production methods, instead they provide to the producers of that particular commodity the exclusive right to use the distinctive sign conferred to them to identify their products. Some common examples of GI are Kimchi from Korea, Cognac from France, Kobe beef from Japan and India’s first GI, the Darjeeling Tea.
Geographical Indication is covered under Article 1(2) and 10 of the Paris Convention for the Protection of Industrial Property and Under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. India, on account of being a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which came into force on September 15, 2003. A GI Tag can be renewed every 10 years. As of 2021, there are around 332 GI Tags used for wines and alcoholic beverages, foodstuffs, agricultural products, handicrafts and industrial products. In India, the objective behind granting a GI Tag to a commodity is to promote indigenous products of a specific area and the producers and artisans, who can reap economic benefits out of their handiwork.
GI tag in handloom sector: why is it important?
Registration of GI Tags in the Handloom sector was put in place to safeguard the identity and authenticity of a product and to help enable the original producers and artisans to produce the same quality of products for their economic benefits. In India, out of the 332 GI Tags about 65 of them are Handloom products. Handloom products are provided with the GI Tag protection with the specific intent to prevent any “free riding” on the reputation of the considered GI product. Apart from the legal protection which comes with the GI Tag, the certificate of being a GI product brings with it the guarantee of quality and distinctiveness, for which the consumers are prepared to pay the premium prices attached to these products. Thus, GI tagging enables the producers to differentiate between their goods in the market from the mass-produced imitation product and aids to communicate the differences between the power-looms products which benefit from high volume, low quality and mass marketing. This was one of the many reasons why it was of urgent importance for the Banaras Brocade and Sarees to be given the GI Tag.
Banaras brocades and sarees: why was it of importance to provide UP’s ancient and famous silk-weave the GI tag?
The presence of the Banaras brocade dates back to the Mughal Period. During this period brocades with beautiful designs mainly using gold and silver threads were known to be a speciality of Banaras. The city of Banaras and its neighbouring area is considered to be the main centre of brocade weaving and about 85% of the total number of weavers belong from there. Most of the original weavers who make the Banarasi sarees have all acquired the skill and know-how from their family, who have been weaving for generations.
The Banarasi Saree is a piece of art, with its intricate motifs and abundant use of gold or silver thread, and is almost synonymous with weddings in India as most brides prefer to don the gorgeous Saree to make a statement during her wedding. But making one of these statement pieces requires expertise, finesse and abundance of patience. Patience and finesse are probably the main elements required to make one of these Sarees since creating one of these pieces can take a weaver any time between a three to four weeks up to almost 6 months. Sometimes it could be longer, if the designs are complicated, unique and intricate.
But as times changed, with the increase in volume and demand and with the rise of power-looms, the original weavers and their self-funded handlooms were suffering greatly. The original producers saw an urgent need to classify the Banaras Brocade and Sarees for mainly the following reasons:
- The Advent of power-looms: The power-looms churned out in mass, similar looking imitation products of the original handloom Banarasi Sarees and were making it available to the public. These are made with computerised designs, as opposed to the authentic handiwork of the original producers. This not only caused great losses to the original producers of the authentic Sarees, but also to consumers, who not knowing the difference between the mass-produced power-loom products from the authentic handloom ones ended up paying excessive prices for these imitation Sarees. The problem was found closer to home. In the 80’s and 90’s there was a rise of power-looms in Banaras as well. They use these power-looms to give the Saree a “Banarasi look”. Labour productivity is roughly ten times greater than the handlooms, even if the power-loom is really old. Considering the factor of wages, the hourly wages of both handloom and power-loom weavers are approximately the same, yet the power-loom made Sarees are being sold as handloom ones at much higher prices, thereby increasing the revenues for power-loom weavers and merchants. This is in gross violation of the Handloom Reservation Act, 1985, which pre-dates the GI Legislation that restricts and restrains the mechanized production of a specific kind of fabric which is specifically reserved for handlooms. In absence of any stringent application of the legislation, power-loom producers within Banaras and elsewhere were able to make unfetterd use of the reputation of the Sarees.
- Cheap material imports: The power-looms were not only making imitation products, the raw materials being used to make their products were also far inferior than what the original weavers were using. A product known as kela sarees or Banana sarees were being sold in the name of Banarasi Sarees. These sarees were produced by using threads made from the banana tree resin which were then polished to give the sheen of a gold or silver thread. Furthermore, Cheap Chinese silk was being used instead of the original Katan silk and these low quality sarees have been flooding the markets for the consumers to choose from.
- Mark of distinction: There was no special or specific mark differentiating the Banarasi Sarees being made in UP with the rest of the country. Cottage and handloom industries are spread across the country and are making an abundance of similar looking Sarees. This was directly affecting the markets of the Banarasi weavers.
The need of the hour was to help the weavers protect the authenticity of a product which was not only a pride of the country, but also internationally famous for its unique design and superior quality. The weavers formed a committee and approached the state government for its support and the GI Application for “Banaras Brocades and Sarees” was filed by 9 organisations mentioned below:
- The Application for Registration was headed by the Banaras Bunkar Samiti,
- Human Welfare Association,
- Joint Director Industries,
- Director of Handloom and Textiles, UP,
- Eastern UP Exporters Association,
- Banarsi Vastra Udhyog Sangh,
- Banaras Hath Kargha Vikas Samiti,
- Adarsh Silk Bunker Sahkari Samiti, and
- Handloom Fabrics Marketing Cooperative Federation.
The GI tag was granted to “Banaras Brocade and Sarees” on 04th September 2009 and was registered under Application No. 99 in classes 23, 24, 25 & 26. The geographical region wherein the GI was granted does not only restrict itself to the city of Benaras in the areas of Lohta, Bazardiha, Sarai Mohana, Lallapura, Saraiya, Bagwanala and Badi Bazar, but comprises of an area much larger incorporating the five districts of Uttar Pradesh namely, Varanasi (Benaras), Chandaulim Bhadohi, Mirzapur and Azamgarh.
Application details overview of the GI Tag for “Banaras Brocades and Sarees”
(source: Geographical Indications Registry website accessed at http://ipindiaservices.gov.in/GIRPublic/Application/Details/99)
The registration certificate, given to Banaras Brocades and Sarees in September 2009.
(source: Geographical Indications Registry website accessed at http://ipindiaservices.gov.in/GIRPublic/Application/ViewDocument )
With the GI Tag granted to the Banaras Brocade and Sarees, a logo unique to the product was registered with it as well, which the consumers should look out for when choosing to purchase an original Banarasi Saree.
Officially Registered Logo of the GI for Banarasi Brocades and Sarees granted registration on 30th March, 2013.
Impact of the GI tag on the business of Banaras brocades and sarees
The GI Tag registration in 2009 was an effort that started off in 2006 and was filed by the Banaras Bunkar Samiti with 7 other organizations in July of 2007. Not only in India, but working members of international organizations like United Nations Conference on Trade and Development (UNCTAD), who had worked for the economic and trade benefits for the weavers of Banaras, felt that the GI Tag for Banarasi Brocade and Sarees would turn to be a constructive tool to generate employment to close to 17 lakh weavers in UP itself. UNCTAD was one of the international organizations which facilitated the process of the GI Registration. Find your Feet and Department for International Development were the other international organizations which aided in Banarasi Brocade and Sarees obtaining the GI Tag.
The GI Tag in Banaras Brocades and Sarees has not only been of aid to the weavers to economically benefit from the recognition if the product, which in turn will increase their incomes, but would also ensure that the authentic quality of the products does not get diluted in the power-looms race to provide below-the-standard products to the average consumer. Before the GI Tag was accorded to the original producers in UP, Sarees produced in Bihar, Surat and Bangalore were also being sold en masse to consumers. The GI registration has brought with it a clear distinction as to what constitutes authentic Banarasi Brocade and Sarees from any other look-alike. The standard of the original product, a noticeable increase in production and capacity to market the authentic product from remote areas of UP was made possible under the GI Protection.
Upon receiving the registration for the GI Tag, The Ministry of Textiles, under direction of the Government of India, established multiple initiatives looking into welfare of the handloom weavers. Handloom Mark, which was one of the initiatives, was started to create a “collective identity” to handloom products in India. Another very important initiative extended to the weavers has been the Health Insurance Scheme For Handloom Weavers or the Rashtriya Swasthya Bima Yojna (or the erstwhile Mahatma Gandhi Bunkar Bima Yojana), post registration, which is available to male or female weavers, their spouse and two children. This scheme is to cover people between the ages of 1 to 80. This scheme was initiated to financially enable the weaver to avail top notch healthcare amenities in India.
With the advent of e-commerce in India, certain online platforms have dedicated to make GI Protected Banarasi Brocades and Sarees easily available to the rest of the world. Holy weaves is one such online retailer working to provide that. They try to promote the authentic handloom weaves on their platform while trying to make the consumers vary from any imposter weaves that may be present in the online marketplaces.
Practical appropriation of the GI tag: success or failure?
One of the major beneficiaries of the GI Tag is undoubtedly always the original producers of the product, the weavers, who can in a way now claim sole ownership of the product. But sole ownership wasn’t the main reason for the GI Tag to be accorded to the product. It was so that adequate economic benefits could be provided to the weavers and that dilution of the quality and standard of the Banaras Saree would not put the weavers out of work. But the ground reality is not ideal.
Just relying on the GI Tag has not proven to be a success. The weavers are yet to see and reap economic benefits out of it. Power-looms have grown 2-3 fold in quantity and weavers have had to resort to weaving on these power-looms, yet the weavers still get paid 1/4th of the entire price charged for the weave as most of it is taken by the wholesaler and the master weaver who gives them business. Even though the weaves are made by the weavers and have been present in some weaving families for generations, the weavers are barely able to earn significant profit.
The government’s e-retail initiative that took off in 2014 has not made a huge mark on the weaver community either. Some of the weavers are not comfortable to carry on their business online as they are not aware enough of the process. There has been no induction, no awareness programs for the weavers to navigate through this process. They have to rely on middlemen, who in turn, eat away at a chunk of their profits.
The GI Tag has not stopped the menace of fake “Banarasi” products, now being mass-produced much closer to home than China. In India, Surat produces in bulk low-quality Sarees claiming to be Banarasi Sarees and Brocades for a fraction of the price weavers from UP sell it at. Weavers are unaware about the use of an Authentication mark, which differentiates their product from a fake. This stops major retailers and other entrepreneurs looking to sell GI Tagged Banarasi Brocades and Sarees from choosing that saree, even if the weaver claims it to be an original. There has been a clear lack of awareness by the authorities to educate the weaving community of about 3 lakh weavers regarding the relevance of the GI mark for the product.
Banaras brocades and sarees: in the news
In 2018, Bangladesh grossly violated international Intellectual Property Law norms, when weavers in Bangladesh were producing and widely selling Banarasi Sarees in the international market. The Human Welfare Association, which was the NGO that spearheaded the GI campaign in India, was of the opinion that the production of Banarasi Sarees in Bangladesh would amount to a decline of demand of the authentic GI Tagged Sarees in the global market which were made by the actual weavers of Banaras.
Conclusion: has the GI tag actually helped Banaras brocades and sarees?
Banarasi Sarees and Brocades are a very popular handloom product, largely covered by consumers. It is the first choice for the wedding season and it has been a part of Indian culture for a very long time. But mass-production of these Sarees using low quality materials and a rampant increase of fakes in the market was clearly dampening the demand of authentic Benarasi Sarees. Consequently, the weaving community, with other non-profit organizations and other weaving organizations came together to ensure the quality of the product remained authentic and consumers were not getting cheated in the name of the real product. But it has been close to 11 years since the Banarasi Brocade and Saree was awarded the GI Tag, but it was observed widely that neither the Banarasi Brocades and Saree nor the weavers have benefitted significantly from it.
Even with the GI protection, the motifs and designs are still copied and sold widely using cheap, knock off silk materials at much higher prices while being produced at about 1/4th the cost of the authentic product. So it is seemingly clear that the existing regulation is not sufficient to bring in the desired effect that was thought when the GI for Benarasi Brocades and Sarees was filed.
Apart from the GI Tag being given to the product, there is a lack of a representative body which would play a dual role; firstly, is to look after the interests of the people and resolve their differences and secondly, is to represent the weavers, who are the poorest of the industry, in situations where they would need easy legal aid.
Another reason why the GI Tag was so sought after was due to the advent of power-looms, but now the Weavers themselves have turned to using Power-looms as it reduces the work and the products can be completed faster and more units can be sold. Yet this does not fall under the ambit of GI protection and are not deemed GI authentic products. So after conducting an inspection of the number of power-looms owned by weavers and whether that is going to economically benefit the weaver and keep the authenticity intact, the GI framework can be broadened to include power-loom products produced in Benaras itself. There could be in place a separate mark for Handloom created weaves, which could prevent the freeriding of power-loom made weaves and the inclusion of Power-loom made Sarees from the approved districts of UP could dilute the otherwise power-loom made weaves from all over.
Keeping the above reasons in mind, there should be comprehensive policy changes implemented to support the GI Tag to make accessibility of the Benarasi Saree and Brocades more accessible to the consumers both in India and the World. This would regulate the markets to sort out any fakes and low quality products which could dilute the authenticity of the product and these low-quality products would, in-turn, be duping the customers. Further, there should be workshops and skill-development classes conducted so that the weavers are taught to hone their skill so as to not let this piece of Indian history die out. Banarasi Sarees and Brocades are a very important part of our Indian Cultural heritage and there should be sufficient provisions in place to help and aid the weavers who are the reason why these pieces keep living on.
References
- World Intellectual Property Organization, About Geographical Indications. http://www.wipo.int/geo_indications/en/about.html
- List of Geographical Indications [GI Tags] in India https://byjus.com/free-ias-prep/geographical-indication-tags-in-india/#List-of-GI-Tags-2019-2020
- List of certain G.I. Tagged Handloom Textile Products https://www.civilsdaily.com/news/pib-list-of-certain-g-i-tagged-handloom-textile-products/
- Helen Regan and Omar Khan, CNN (2019) “FINE SILK OVER FAST FASHION: THE LAST HAND-WEAVERS OF INDIA’S HOLIEST CITY” CNN Style, Fashion https://edition.cnn.com/style/article/silk-weavers-varanasi-banarasi-sari-intl-hnk/index.html
- Servjaeta Verma and Nandita Mishra. (2018) “RECOGNITION AND MARKETING OPPORTUNITIES OF A “GI” TAG IN HANDLOOM PRODUCT: A STUDY OF BANARAS BROCADES AND SAREES” Journal of Intellectual Property Rights, Vol 23, March-May 2018, pp 101 – 110 http://nopr.niscair.res.in/bitstream/123456789/45333/1/JIPR%2023(2-3)%20101-110.pdf
- Amit Basole (2014) Authenticity, Innovation and the Geographical Indication in an Artisanal Industry : The Case of the Banarasi Saree http://repec.umb.edu/RePEc/files/2014_09.pdf
- Shruti Gulati. (2016). “GEOGRAPHICAL INDICATIONS IN INDIA & THE CASE OF FAMOUS INDIAN WEAVE: BANARASI BROCADE.” International Journal of Research – Granthaalayah, 4(12), 137-146. 10.29121/granthaalayah.v4.i12.2016.2402. http://granthaalayah.com/Articles/Vol4Iss12/17_IJRG16_C12_192.pdf
- VIKALP SHARMA, (2019). “Geographical Indication in India and Banarasi Sarees case” Journal of Intellectual Property Law & Practice May 2019. https://www.researchgate.net/publication/332863542_Geographical_Indication_in_India_and_Banarasi_Sarees_case
- Krishna Dwivedi and Souvik Bhattacharya (2012) ‘RESTORE GLORY OF THE BANARASI SARI’ https://www.thehindubusinessline.com/opinion/Restore-glory-of-the-Banarasi-sari/article20543149.ece
- Bureau Report “Banarasi saree gets GI tag, joins club of protected goods” https://zeenews.india.com/home/banarasi-saree-gets-gi-tag-joins-club-of-protected-goods_564353.html
- VIKALP SHARMA, (2019). “Geographical Indication in India and Banarasi Sarees case” Journal of Intellectual Property Law & Practice May 2019. https://www.researchgate.net/publication/332863542_Geographical_Indication_in_India_and_Banarasi_Sarees_case
- Website of the handloom mark https://www.india.gov.in/official-website-handloom-mark#:~:text=Handloom%20mark%20provides%20a%20collective,application%20for%20handloom%20mark%20scheme
- HEALTH INSURANCE SCHEMES FOR HANDLOOM WEAVERS https://transformingindia.mygov.in/scheme/health-insurance-schemes-for-handloom-weavers/#:~:text=Introduction%20Check%20Eligibility-,INTRODUCTION,healthcare%20facilities%20in%20the%20country
- Operations Holyweaves, WHAT EXACTLY IS A BROCADE WEAVE? (2018) https://www.holyweaves.com/blogs/the-textiles-blog/47964995-what-exactly-is-a-brocade-weave
- Swati Chandra, Governance Now (2016) WHITHERING THREADS: WHY THE WEAVER COMMUNITY OF FAMOUS BANARASI SILK SAREE IS UNHAPPY https://www.governancenow.com/news/regular-story/ering-threads-why-the-banarasi-silk-weaver-unhappy
- Nishant Shekhar, The Indian Express (2018) BANGLADESH MANUFACTURING BANARASI SAREE IN GROSS VIOLATION OF GEOGRAPHICAL INDICATION LAW https://indianexpress.com/article/india/bangladesh-manufacturing-banarasi-saree-in-gross-violation-of-geographical-indication-law/
- Rajiv Dikshit, NARENDRA MODI’S DILEMMA: SURAT VS BANARASI SARIS, Times of India, (2014) http://timesofindia.indiatimes.com/news/Narendra-Modis-dilemma-Surat-vs-Banarasi-saris/articleshow/32742485.cms
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