From Darjeeling tea to Roquefort cheese, Geographical Indications (GIs) have become potent symbols of cultural heritage and economic clout. But what exactly are they, and why do they spark international debates like the recent India-Bangladesh dispute over Tangail sarees?

Understanding Geographical Indications (GI)

GIs are more than just fancy labels; they link a product's qualities, reputation, and characteristics to a specific geographical location, like the delicate fragrance of Darjeeling tea whispering of the Himalayan foothills or the tangy bite of Roquefort cheese echoing the caves of southern France.

Geographical Indications (GIs) hold a paramount place, symbolising not only the geographical uniqueness of a product but also its cultural, traditional, and qualitative significance. A GI tag is a sign used on products that have a specific geographical origin and possess qualities, characteristics, or a reputation due to that origin. This designation ensures that only those registered as authorised producers in the specified location can use the name, which in turn protects the product's reputation and guarantees its authenticity​​.

For countries, GIs are powerful tools. They act as guardians of traditional knowledge, protecting communities' intellectual property and cultural identity from imitation and misappropriation. They become emblems of quality and distinctiveness, ensuring consumers get authentic products with guaranteed characteristics, translating into premium pricing and wider market access for producers. Moreover, GIs act as catalysts for rural development, empowering local communities and fostering economic growth in geographically defined areas.

However, the recent tussle between India and Bangladesh over the Tangail saree highlights the complexity of GIs. India's application for GI recognition for Tangail sarees, deeply rooted in Bangladeshi tradition, ignited a firestorm of controversy. The dispute exposes the delicate balance between cultural ownership, historical evidence, and economic implications that underpins GI claims.

How GI recognition is issued

The authority for Geographical Indication (GI) recognition varies depending on the geographical region and the legal framework in place for GI protection. The World Intellectual Property Organization (WIPO) plays a crucial role in the international registration and protection of GIs through the Lisbon System. This system allows for the international registration of Appellations of Origin (AOs) and Geographical Indications (GIs), offering protection across its contracting parties through a single registration procedure. Once registered under the Lisbon System, the protection provided is potentially unlimited in time, as long as the AO or GI remains protected in its Contracting Party of Origin​​.

The Lisbon System specifies that natural persons or legal entities entitled to use (or assert other rights in) AOs or GIs originating in a contracting party can use the system for international protection. The domestic legislation of the Contracting Party of Origin of the AO or GI determines who can apply for protection. Applications are typically submitted to WIPO by a competent authority on behalf of the beneficiaries, ensuring a connection between the AO or GI and at least one of the contracting parties to the Lisbon System.

GIs and Sustainable Development

GIs are widely recognized for their role in promoting sustainable development and supporting rural communities by safeguarding local traditions and biodiversity. They contribute significantly to the local economy by adding value to regional products and encouraging tourism. Products that can receive GI status include, but are not limited to, agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products. The protection of GIs is usually achieved through a combination of legal mechanisms, including sui generis systems, collective or certification marks, administrative product approval schemes, and unfair competition laws​​.

The Food and Agriculture Organization (FAO) emphasises the role of GIs in sustainable development, highlighting how they can enhance the marketability of products while ensuring environmental stewardship and cultural preservation. By emphasising quality and origin, GIs help maintain biodiversity and support the livelihoods of rural and indigenous communities​​.

The World Trade Organization (WTO) defines GIs, establishing a framework for their protection and ensuring that the term is used exclusively for products from the designated region, thus preserving the connection between the product and its place of origin. This system not only benefits consumers by guaranteeing the authenticity and quality of products but also protects producers from unfair competition​​.

The debate over GI recognition, such as the recent contention between India and Bangladesh over the Tangail saree, underscores the importance of GIs in international trade and cultural preservation. Such disputes highlight the need for clear, internationally recognized standards and fair practices in the registration and protection of GIs. They bring to the fore the complex interplay between national pride, cultural heritage, and economic interests that GIs represent.

Navigating this tangled web requires a multi-pronged approach. Transparent and inclusive registration processes are paramount, ensuring communities have a voice and historical context is fairly considered. International cooperation through bilateral and multilateral agreements fostering mutual recognition and respect for GIs can mitigate disputes. Finally, educating consumers about the value and significance of GIs empowers them to make informed choices and support authentic products, ensuring these cultural narratives continue to be woven.

GIs are a critical tool for economic development, cultural preservation, and consumer protection. They serve as a bridge between traditional knowledge and global markets, offering a unique opportunity for regions to capitalise on their heritage while ensuring sustainable development. As global appreciation for authenticity and quality continues to grow, the importance of GIs in the international market and their role in promoting sustainable and equitable development will undoubtedly increase.