Geographical indication law on cards to protect indigenous products

The government would consider approving the draft Geographical Indication Law-2013 at the cabinet meeting Monday to safeguard the patent rights of the country’s century-old indigenous products.

The proposed law, if enacted, would protect the country’s claims to commodities such as hilsa fish, Jamdani sari, nakshi kantha, pineapple, and fazi mango.

“We plan to get the GI Law passed in this session of parliament,” said Industries Minister Dilip Barua, adding that the draft has already forwarded to the cabinet division for approval.

As per the draft, the industries ministry will open a geographical indication wing under the Department of Patents, Designs and

Trademarks, with the chief of the wing being the registrar of geographical indications of goods.

To register a product, the association or co-operative of a product will have to apply; no one individual can register a product, according to the draft. If any party wants to oppose the listing, it will have to complain to the GI wing within 60 days from the date of the newspaper circular.

The registration of GI goods will be valid for ten years with an option for renewal for another ten years.

If persons or associations are not the real owners of the GI goods and try to get the certificate, they will be punished with a maximum of three years imprisonment or a fine of Tk200,000 or both.

Sources in the industries ministry said Bangladesh would be a member of the Lisbon Agreement so it can place absolute claims to its commodities. After Bangladesh becoming a party to the Lisbon Agreement, Jamdani can be registered as a product of Bangladesh, according to the industry ministry sources.

The GI law will give an international right to Bangladesh’s traditional craft products against piracy.

Ruby Ghuznavi, managing director of Aranya (known for its role in reviving natural dyes), said the patent right of Jamdani saris will be hijacked from Bangladesh by India if the country does not enact the GI law as soon as possible.

During her participation at a seminar on the GI law in India in 2011, she saw a total of 178 out of 358 products registered under the law, with Jamdani waiting to be registered.

Ruby stressed now is the time for Bangladesh to assert the Jamdani as its own, or else it would have to pay a price to the Indian government to use the name of Jamdani.

Meanwhile, a recent decision of the World Trade Organisation’s council for Trade Related Intellectual Property Rights on June 11, 2013 to extend the transition period for the least developed countries for a further term of eight years until July 01, 2021 will give the government some cushion to implement the GI law.