Leverage GI Tagging Through Post-Registration Modifications
India's Geographical Indications (GI) Registration Act of 1999 marked a significant step towards preserving and promoting the country’s diverse cultural, agricultural, and artisanal products. The Act has provided legal protection to numerous items, including the famed Darjeeling tea and exquisite Pashmina shawls, enabling these products to maintain their unique identities and qualities. As of 2024, a total of 643 products have been registered under the GI framework, covering a wide range of categories from handicrafts and agricultural products to food items and manufactured goods. However, despite this achievement, India lags behind several countries, including China and various European nations, in the number of GI registrations.
This blog aims to analyze the potential factors that contribute to India's slower progress in the GI registration process and highlights the importance of enhancing the post-registration framework, focusing specifically on the role of Authorized Users (AUs). Exploring ways to strengthen India’s approach to post-registration can open new avenues for fully leveraging the benefits of GI registration.
A Brief Look at Geographical Indications
Before diving into the intricacies of the post-registration framework, it's crucial to clarify what a Geographical Indication (GI) is. A GI is a label used to denote products originating from a specific geographical location, which possess distinct characteristics and qualities associated with that region. For instance, Mysore silk is synonymous with its origin in Karnataka, while Basmati rice is famed for its unique flavor and aroma from specific regions of India.
The GI Act serves as a regulatory mechanism to help register and protect GI tags in India, safeguarding producers against unauthorized use of their product names. This legal protection not only increases the product's perceived value but also enhances its marketability.
Despite having a well-developed registration mechanism, challenges persist in efficiently managing the post-registration process, particularly regarding AUs.
Who are Authorized Users (AUs)?
Authorized Users (AUs) are individuals or entities recognized as legitimate producers or sellers of GI-tagged products. They play a crucial role in maintaining the integrity and reputation of GI products within the market. Recent statistics show that as of August 2024, India boasts 29,624 registered AUs for its 643 registered GI products.
A closer examination of the AUs across different categories reveals interesting disparities. In the agriculture sector, which contains 200 registered GI products, AUs comprise half of the total group. In contrast, while the handicrafts sector has recorded 342 products, it only accounts for 44% of the total AUs. This notable difference raises questions about the effectiveness of GI registrations in the handicraft sector, and highlights the need for targeted strategies to address this gap.
In August 2020, a significant amendment to the GI rules impacted the landscape of AUs. Previously, applicants were required to jointly apply with the registered proprietor to obtain AU status. However, this requirement was removed, leading to a surge in AU registrations—from 6,935 before the amendment to 22,689. While this transformation is encouraging, it has also exposed weaknesses in the framework concerning the definition of a "producer" and the documentation needed to claim AU status.
Challenges in the Post-Registration Framework
The existing post-registration system for GIs faces numerous challenges that hinder its potential advantages, affecting economic growth, regional development, and the preservation of traditional products. Some of the key issues include:
Producer Definition
A primary challenge is the ambiguous definition of the term "producer." Many farmers awarded GI status for their products may lack the necessary understanding to navigate the complex registration process effectively. Furthermore, there are concerns that the GI quality standards may not keep pace with evolving production methods.
Quality Maintenance
Maintaining consistent quality across GI-tagged products is another critical issue. Integrating standardized quality checks and updates to production standards, akin to practices in countries like Japan, is essential for the Indian GI framework.
Data and Coordination
Effective collaboration with local authorities, along with the promotion of initiatives like One District One Product, can significantly enhance supervision of AUs. Mapping GI products at the district level could streamline the authentication process and strengthen governance.
Trade and Marketing
Aligning trade data from authorized GI users with existing schemes, such as APEDA's Horti-net, can notably improve the market visibility and commercialization of GI products. Registered users with marketing experience can leverage this platform to optimize their product positioning in both national and global markets.
Solutions to Enhance the Post-Registration GI Framework
To strengthen the post-registration GI framework, it is essential to adopt comprehensive solutions that focus on robust enforcement mechanisms, increased producer awareness, and improved marketing strategies. Suggested measures include:
Revise the Definition of Producers
Clarifying and refining the definition of authorized producers is crucial. Establishing clear criteria will prevent unauthorized entities from claiming AU status, thereby uplift genuine producers.
Improve Quality Control
To maintain the integrity of GI products, implementing thorough and regular quality checks is vital. Updated testing standards should reflect relevant advancements in production processes to ensure consistent quality.
Bolster Coordination with Local Authorities
Utilizing the One District One Product initiative to map GI products at the district level can help legitimize authorization for only authentic producers while ensuring proper oversight.
Boost Marketing and Trade Collaboration
Linking authorized GI user data with schemes like APEDA’s Horti-net will elevate the marketing and export prospects of GI products. This alignment will empower farmers and artisans, improving access to suitable markets and increasing product value.
About the Comprehensive GI Process
The comprehensive GI registration process begins with a detailed search to ensure that the desired GI is not already registered or under consideration. Once confirmed, an application must be filed with the necessary documents and fees to the Geographical Indications Registry. The registry examines the submission for compliance with eligibility criteria. Upon acceptance, the GI is published in the Geographical Indications Journal, allowing for public awareness. If objections arise, they can be addressed within a three-month period. Once the process concludes without opposition, or if opposition is resolved, the GI is officially registered, enabling the proprietor to utilize the GI tag.
To Wrap Up
While India has made significant strides in the realm of Geographical Indications registration, there remains ample opportunity for improvement within the post-registration framework. By implementing strategies such as redefining producer criteria, enhancing quality control measures, and fostering stronger coordination and marketing initiatives, India can more effectively leverage the advantages of GI registration. This, in turn, will promote the nation's unique regional products, helping to elevate them on the global stage.