Geographical Indication Tags: Protecting Jharkhand's Unique Products and Heritage

1. What is a Geographical Indication?

A Geographical Indication (GI) is governed in India by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act). A GI tag identifies a good as originating from a specific country, region, or locality, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin.

Key characteristics of a GI:

• Geographic origin: The product must genuinely originate from the specified region.
• Quality or reputation linked to origin: There must be a verifiable connection between the product's characteristics and the region — whether due to climate, soil, traditional knowledge, or craftsmanship.
• Not a patent or trademark: A GI is a collective right that belongs to all eligible producers in the region — not to any one company or individual.

2. What Products from Jharkhand Have or Could Have GI Tags?

As of recent years, Jharkhand has secured GI tags for several products, and many more are eligible. Existing and potential GI products from Jharkhand include:

• Sohrai and Khovar art: Tribal mural art from the Hazaribagh region, painted on the interior walls of homes during Sohrai (harvest) and Khovar (marriage) festivals.
• Dokra metal craft: Traditional metal casting using the lost-wax (cire perdue) process, producing distinctive figurines and jewellery.
• Paitkar painting: Traditional scroll painting from the Dumka district, unique to the Chitrakars of Jharkhand.
• Tussar silk: Jharkhand's Tussar silk, woven from the cocoons of Antheraea moths found in the state's sal forests, is distinctively coarser and richer in texture than mulberry silk.
• Lac products: Jharkhand produces a significant portion of India's lac. Lac bangles and jewellery from specific communities have distinctive characteristics.
• Tribal jewellery and beadwork: Various forms of tribal jewellery unique to specific communities.

3. Who Can Apply for a GI Tag?

An application for GI registration can be made by:

• An association of persons, producers, or organisations representing the producers.
• A government authority.

Individual producers cannot apply — the right is collective. In Jharkhand, tribal producer groups, cooperatives, Self-Help Groups, state government departments (Jharkhand Silk Textile & Handicraft Development Corporation — JHARCRAFT), and recognised NGOs working with artisan communities can be applicants.

4. The GI Registration Process

• 1. Preparing the application: The application must describe the product, its geographical origin, the quality or characteristics linked to the origin, the production process, and the proposed area of production. This requires significant research and documentation.
• 2. Filing at the GI Registry: The application is filed at the Geographical Indications Registry in Chennai. Filing can be done online or physically.
• 3. Examination: The GI Registry examines the application for compliance with the Act and may raise objections.
• 4. Publication: Once examination is complete, the application is published in the GI Journal. Third parties have 3 months to oppose.
• 5. Registration: If there are no oppositions (or oppositions are resolved), the GI is registered for 10 years, renewable indefinitely.

5. Rights Conferred by a GI Tag

Once registered, a GI tag gives the registered proprietor and authorised users:

• The exclusive right to use the GI for the product it covers within its registered category.
• The right to take legal action against unauthorised persons using the GI or a similar indication to mislead the public.
• The right to prevent imports of goods using the GI falsely.

In practical terms, a GI tag allows genuine Jharkhand artisans to:

• Distinguish their authentic products from cheaper imitations sold under the same name.
• Command a premium price in domestic and international markets.
• Build a globally recognised brand for Jharkhand's craft heritage.

6. GI Tags and Tribal Communities: Special Considerations

Many of Jharkhand's GI-eligible products are the traditional knowledge and craft of specific tribal communities. The relationship between GI registration and tribal rights requires careful attention:

• The GI tag should benefit the actual artisan communities — registration in the name of a government body or corporate entity without ensuring benefits reach the artisans defeats the purpose.
• Authorised user certificates under a GI must be given to the actual producers, not just intermediaries.
• The GI framework should complement (not replace) tribal community rights under PESA and the Forest Rights Act.
• Traditional knowledge embedded in GI products — the specific techniques, materials, and processes — should also be documented in the TKDL for bio-piracy protection.

7. Enforcing GI Rights

GI infringement — using a registered GI for a product that does not originate from the specified area — is both a civil and criminal offence under the GI Act:

• Civil remedy: Injunction, damages, and account of profits against the infringer.
• Criminal remedy: Imprisonment up to 3 years and fine for false application of GI.
• Customs enforcement: GIs can be recorded with Customs to prevent import of infringing goods.