Rushed GI status raises questions over efficacy

In an unprecedented move, the Ministry of Industries in Bangladesh has issued preliminary approvals for 10 products to be awarded geographical indication (GI) status in a span of just eight days recently.

GI is a name or sign used to certify that a product possesses unique characteristics for different aspects of its geographical origin, including climate, culture, manufacturing method or even raw materials.

This in effect highlights the traditions and reputation of products made within a particular area or country, helping fetch higher prices compared to similar products manufactured elsewhere.

As a branch of intellectual property rights, the GI tag ensures that marketing rights and legal protection is reserved for the countries of origin of certified products.

The Department of Patents, Designs and Trademarks (DPDT) of the industries ministry provides the recognition under the Geographical Indication (Registration and Protection) Act 2013, which is based on rules set by World Intellectual Property Organization (WIPO).

As per rules, an association of producers or a government organisation that works to safeguard producers' interests can apply for GI tag of a product.

This requires having verified documents containing legal and historical data, reference, research, publications, testimonies and others which altogether give proof of a product having characteristics deserving of the GI status.

If the GI status-seeking application contains all such documents, the DPDT verifies them and publishes those as a journal.

Objections can be raised within two months and once those are resolved, the DPDT publishes a gazette informing of awarding the GI status.

The DPDT has awarded the GI status to 21 products in the last 10 years since the law was formulated in 2013.

However, in case of the latest 10 products, it issued journals in a span of just eight days, starting with one on the Tangail sari on February 8.

This was apparently triggered by India granting GI status to a "Tangail Saree of Bengal"on January 31.

The industries ministry issued a press release on February 7, saying that the Tangail sari has been granted GI status based on an application filed by the deputy commissioner of Tangail on February 6 and a gazette would be published on February 8.

However, Senior Secretary to the ministry Zakia Sultana clarified to The Daily Star on February 7 that they had accepted the application for the publication of the association journal.

A gazette will be published in about two months, she said.

Experts have raised concerns over whether the applications for the 10 have been scrutinised and the documents properly verified so that no loopholes remain.

It usually takes anywhere from three to four months to verify applications and associated documents before they are deemed fit to be published in a journal, said a DPDT official seeking anonymity.

Bangladesh has always been reactive instead of proactive when it comes to awarding a GI status, said Mohammad Ataul Karim, a PhD student focusing intellectual property law at the University of Oxford.

Jamdani got the GI tag at the end of 2016, a few years after India registered "Uppada Jamdani" sari as a GI product and the pattern is similar for the Tangail sari, he said.

"Unfortunately, some of our current discussions are more emotion-driven and less pragmatic," he said.

The applicants should prepare relevant documents properly and carefully, even if it takes time, said Karim, also a consultant of the WIPO.

The publication of the 10 journals for the GI recognition took place within such a short timespan that doubts have understandably arisen over whether those bear proper documents, he said.

Loopholes may leave the scope for aggrieved parties to challenge and subsequently get the GI status cancelled, he said.

India spent about four years, from September 2020 to January 2023, to scrutinise its documents before awarding its GI status for "Tangail Saree of Bengal", he said.

The Indian GI status application states that its "Tangail Saree of Bengal" is made by weavers of the Basak community who had migrated from Bangladesh to West Bengal, said Karim.

Bangladesh's application for the GI status for the Tangail sari has some statements on migration but not strong enough, he said.

Bangladesh should look into it to see if such migration justifies India's claim over the Tangail sari, he said.

Having relevant documents at hand will also help Bangladesh settle the matter at World Trade Organization (WTO), said Karim

The same goes for other products which similar for both countries, he said.

Md Munim Hassan, director general of the DPDT, said they were awarding the GI recognitions following due process and through verifications.

"As a result, there is no possibility of having errors and questions being raised in the future," he said.

He acknowledged that 21 products were provided the GI status over the last 10 years whereas 10 products were on the way to get it within a year.

"If those who were tasked with different responsibilities had completed the right work at the right time, this scenario would not have arisen," he said.

Zakia Sultana, senior secretary to the industries ministry, said some applications for prospective GI products had been filed earlier.

"We have checked the documents thoroughly and met all the requirements before publishing the journals," she said.

Prof Mustafizur Rahman, a distinguished fellow of the Centre for Policy Dialogue, said the government should be serious in awarding GI status to any product.

Over the Tangail sari application being filed and journal being published within a span of three days, he said, "…this is not a matter to be completed in a hurried manner."

"Flaws might remain if done hurriedly…preparation of documents for products whose GI are likely to be disputed require extra effort," he said.