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Prof. Jatin Bhatt
Chairman, Fashion & Lifestyle Accessories Design Department
National Institute of Fashion Technology (NIFT)
February 15th, 2006
In my experience of crafts, the issue is not only that of China or any non-Indian entity encashing on the opportunities that some of our craft sectors offer. There are enough cases of the same being done within India among different crafts. Banaras too, has benefited in past. Kashmir shawls and turned wood lacquer are some of the other examples of imitation and ownership conflict. The carpet weavers of Kashmir are in the same plight. Trade that leaves little in the control of the actual practitioners controls most high value craft trades in India. They miss the long-term picture for immediate gains.
The issue therefore needs to be taken up holistically to work across crafts to get requisite protection. The strategic value in different crafts will have to be leveraged based on various combinations of raw material, process, form/motif vocabulary, technique etc. to differentiate true traditional value in the mind of the customer/patron for which each craft has enjoyed its unique reputation. Protection implies anticipation of threat and the nature of threat will determine whether or what needs to be protected in each craft.
More importantly, the current GI (Geographical Indicator) instrument for traditional knowledge protection needs to be studied in the context of the Indian craft complexities and taken up for modifications to benefit practitioners more.
I made some recommendations as part of ‘A Feasibility Report for Protecting Kashmir Crafts as Traditional Knowledge under GI Instrument’ conducted in Jan- April 05. They might be useful in this context as well.
Quote from the report: for circulation only. Not for reproduction
Benefits of GI protection
- It is a legal protection for traditional knowledge under a registered GI.
- It prevents unauthorized use of any characteristics that may be misused by any body to benefit from the reputation of protected crafts and genuine practitioners of that crafts knowledge.
- Promotes economic prosperity in long term by making the merchandise so protected as exclusive and rare with higher perceived value.
- Enables the proprietors of GI to seek legal protection in other WTO countries.
- Acts as a deterrent and in the process enhances the perceived value of original products.
- Creates benchmarks as stated in the registration and induces better adherence amongst practitioners adding a collective strength to a coherent practice.
GI protection and other complementary instruments
Collective ‘Brand Kashmir’ for all genuine Kashmir crafts
Developing an umbrella brand for all traditional crafts covered under GI can further strengthen the protection under GI instrument.
Trademark in form of ‘Collective Mark’ for all crafts covered under GI.
A collective mark is an alternative to individually owned mark for collectively owned and commonly shared knowledge application for common characteristics that are integral to the products/practice. It is best suited to promote practice and products covered under GI instrument.
Recommendations
Develop, promote and market genuine Kashmir products around a common, collective (trade) mark suggestive of unique values of finery, excellence, quality and refined expression of aesthetics & techniques.
Based on issues shared, there is a need to appropriate the value/benefit potential of each craft in long term. Establish benchmarks and audit system for each craft leading to consistent practice and genuine certification to leverage exclusivity built up through GI. Inform, engage and educate customers and buyers of various GI and authenticity initiatives. Most importantly share simple methods of verifying authenticity of products, processes & materials to create interest & patronage. Establish ownership of Traditional Knowledge under GI protection instrument and subsequent initiatives required for maintenance of the protected knowledge through enforcement, bi-lateral & Multi-lateral agreements. Establish a ‘Watch Cell’ that monitors Indian and global scenario for any infringement of GI rights. Put in internal checks & balances among all the stakeholders to implement prescribed norms as stated or claimed for authenticity of crafts in the definition of TK. Leverage alternative instruments that can enable or supplement unique identity, branding & collective market promotion, consumer awareness & distinct characteristics of authentic Kashmir crafts. Representative government body or agency is, under the law, the initiator, promoter, arbitrator and implementer of Traditional Knowledge protection and is largely instrumental in defining list of owners, their representative body and overseeing of actual on field working in close consultation and proactive collaboration with all stakeholders. The stakeholders may, on their own, take up negotiations on use licensing, infringements, illegal or unauthorized use, internal benchmarks, and certification of authenticity etc. under broad direction and guidance of government. Set up a governing body addressing all aspects of products/methods/practices from Kashmir on the lines of ‘Tea Board” for protection, promotion & strategizing all initiatives as well as operationalising the Kashmir brand with GI. Create/set up/ invite an impartial, professional body capable of evaluating and certifying goods against established benchmarks for various aspects of raw materials, processes and aesthetic expressions in terms of prescribed quality standards. Initiate GI protection and ownership mapping along with benchmark development. Revitalize crafts and raw material procurement and their sources under controlled structure to leverage distinctive identity. Revive techniques of natural dyes, eco-friendly processes and other similar aspects of value as practice to create high-end niche markets. Synergize the supply and value chain to induce organized structure and sense of pride rooted in quality norms associated with best practices of their historical reputation.
The issue of protecting traditional knowledge for the benefit of the owners & practioners has been gaining ground for a while now. But actual implementation of the process of protection has been very dismal. It is when Chinese made Kanjivaram or Benarasi sarees appear in the Indian markets that the realization of consequences of unprotected collective knowledge is felt. Neem, turmeric and basmati are fresh incidences of huge potential losses for our treasures of unique knowledge & wisdom and their value being realized when outsiders claim and establish ownership of such unique values characterized by their place of origin.
Considering the sheer variety and volume of surviving practices of craft traditions in India, the task is huge if the potential value of this knowledge recognized and protected in favor of the actual practioners. At the same time, it must be borne in mind that not all that is traditional, needs to be protected unless a comprehensive evaluation has been carried out to establish value potential of specific craft/knowledge.
Kota Doria has been added to the list of GI protected crafts with almost two years of efforts through UNIDO and govt. bodies helped by NGOs and experts and few more in pipeline.
The concern for ensuring protection is rather simplistic since the real reason is to benefit the real practioners of knowledge. The actual value realization of owning any property is to first realize its current and future value and more critically have a commercial model that will enhance the value for the beneficiary owners. These are extremely complex issues that need to be delved into for the entire process to be of any significance.
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