The recent furore in Bangladesh surrounding India's claim of the geographical indication (GI) tag for the Tangail sari underscores the immense economic value attached to this designation.
The Indian Ministry of Culture earlier this month asserted in a now-deleted Facebook post that the famous Tangail sari, a symbol of Bangladesh’s rich cultural heritage, actually had its origins in West Bengal, India.
Such claims are nothing new. Bangladesh has repeatedly objected to India's registration of various products under the GI label. Before the Tangail sari dispute, India had laid claim to items like rosogolla, nakshi kantha and Fazli mango, stirring tensions between the two neighbouring nations.
India had even tried to list ilish fish as its GI products in 2012 as well.
The significance of GI status lies in its ability to authenticate and protect the cultural and geographical identity of products.
Experts said Bangladesh had no law to register GI products before 2013.
The Jamdani sari was registered as the first Bangladeshi GI product after the passage of the relevant law. However, India had already registered it as a GI product, albeit under the name Uppada Jamdani.
Meanwhile, honey collected from the Sundarbans has the GI tag as a product of West Bengal.
What does Bangladeshi law say?
The Geographical Indication of Goods Act 2013 states that if any person falsifies any geographical indication or falsely applies for any geographical indication, such act of the person shall be deemed to be an offence, and he shall be liable to be prosecuted and, if convicted, be punished with imprisonment for a term which may extend to three years, but not less than six months, or with a fine which may extend to Tk2 lakh, but not less than Tk50,000, or with both.
Yet, challenges persist due to lax law enforcement, lack of awareness and bureaucratic delays.
The Intellectual Property Act was passed in India in 1991 and came into force in 2003, meaning India started getting recognition for GI products 10 years before Bangladesh.
According to WIPO (World Intellectual Property Organization) data, India had 330 GI products as of 2018, including 21 from West Bengal.
India currently has some 421 GI products.
GI products of Bangladesh
Ilish, Khirshapat mango of Chapainawabganj, muslin, Bagda shrimp, kalijira rice, white clay of Bijoypur, Rajshahi silk, Rangpur’s shataranji (traditional hand-woven carpet), Dinajpur’s kataribhog rice, Rajshahi and Chapainawabganj’s Fazli mango, chamcham of Tangai, Comilla’s rasmalai, Kushtia’s tiler (sesame) khaja and Black Bengal goat, and Jamdani sari have the GI tag in Bangladesh.
The products that got GI certification recently are Bogra’s curd, Tulsimala rice of Sherpur, and Ashwina and Langra mangoes of Chapainawabganj.
According to Department of Patents, Designs and Trademarks (DPDT) data, 14 products for which applications have been submitted are date palm jaggery from Jessore, lotkon fruit and Amritsagar banana from Narsingdi, nakshi kantha from Jamalpur, pineapple from Madhupur, honey from the Sundarbans, agar attar from Moulvibazar, Haribhanga mango from Rangpur, monda of Muktagacha, Rajshahi’s sweet betel leaf, chhanar payesh (one kind of pudding) of Sherpur, Bhola's buffalo milk, Gopalganj's rasgolla, and Naogaon's Nag Fazli mango.
The process to register litchi from Dinajpur is also underway.
The DPDT, which operates under the Ministry of Industries, registers GI products. However, the application has to be made by the deputy commissioner or the institution concerned.
DPDT Director Aleya Khatun recently told the media that the agency, on the instructions of the textiles ministry, had asked the Tangail DC to apply with necessary documents for the Tangail sari’s GI status.
Regarding honey produced in the Sundarbans, the DPDT director said it would take time to get the GI status for it. “The Forest Department office of the area said they do not have enough manpower. Hence we are referring the matter elsewhere.”
Later on Wednesday, an announcement came that the DPDT had recognized the Tangail sari as a GI product of the country.
Products that are famous in Bangladesh, but have GI tags in India
There are some products for which applications have been submitted to get the GI tag or are famous in Bangladesh, but are already registered in India: the nakshi kantha, basmati rice, moa (made of jaggery, puffed rice and made into a ball), mihidana, rasgolla, Gobindobhog rice, Benarasi sari, Lakshmanbhog, Himsagar and Fazli mangoes, and Sundarbans honey.
Notably, 60% of Sundarbans honey is estimated to be produced in the Bangladesh portion of the forest.
Malda came under Indian control following partition, and despite their renown as products of Rajshahi, India asserts ownership of Lakshmanbhog, Himsagar and Fazli mangoes as originating from that region.
GI tag importance
GI status indicates the origin and identity of a product.
In the era of globalization anyone can learn production techniques. For example, a person or a group can learn the preparation of Natore’s kachagolla and produce the sweet elsewhere, but its roots are in Natore. Therefore, GI registration is essential to maintain the recognition and identity of the place of origin.
According to WIPO, a geographical indication is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.
In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production, WIPO says.
Political science researcher Jahangir Sur talked with Dhaka Tribune about India’s keen interest in registering GI products.
“GI recognition creates an extra value for products; it creates branding of the product at home and abroad. Getting commercial benefits also becomes easy. GI products can be distinguished from other similar products,” he said.
“In 2013, Bangladesh passed the Geographical Indication of Goods Act (Registration and Protection) Act. The DPDT called for the registration of products as GI after the enactment of the Act in 2015. The DPDT provides recognition and certification of GI products in line with WIPO norms,” Jahangir added.
“The advantage of GI tags is that they ensure legal protection for regional and speciality products so that no one else or any country can claim ownership of that product internationally. The country concerned may even be the sole beneficiary of the product,” he told Dhaka Tribune.
How important is GI to a country’s economy?
There are very few GI products in Bangladesh. Istihak Rayhan, a lecturer at Jahangirnagar University, said: “Bangladesh is undoubtedly lagging in the recognition of GI products, which is not at all promising. The reason for this is a lack of attention to this issue.
The economic implications of GI status are profound.
Recognized products not only commanded higher prices in domestic and international markets but also stimulated tourism and promoted exports, ultimately benefiting farmers, producers and businesses, Istihak said.
“The more the masses become aware of GI registration, the more they will come forward for the protection of traditional products,” he said.
India was not only rich in the number of its GI products, but the country had also ensured easy access to these products on one platform, Istihak said.
Mentioning that India had an exclusive store for GI products, the JU teacher said an e-commerce site for GI products could also be developed in Bangladesh.
