Piracy of cultural knowledge and traditional craft is a commercial blight in many countries. Against such international copying it is very difficult for small groups of artisans to protect their heritage, because of lack of knowledge and finances.

In this case it is possible that the potential threat to Indian cultural traditional products is so widespread that an institutional response to provide IPP protection is essential.

As a contributor in 2003 to an International Trade Centre/ World Intellectual Property Organisation (ITC/WIPO) publication¹ concerning intellectual property protection (IPP) for the crafts sector, I know that there are several ways in which IPP might be obtained. It would require much dedicated work to classify and prepare applications for registration. The following categories might be applicable:

Geographical indication

“A geographical indication is a sign that a product originates from a country, region or locality and the desirable quality, reputation or other characteristics of the product essentially depend on its place of origin. Most commonly, a geographical indication (i.e. an appellation of origin) consists of the name of the place of origin of the goods……… Geographical indications and appellations of origin are often used for agricultural products such as wine, cheese or olive oil. However, under the Lisbon Agreement for the Protection of Appellations of Origin, member states have registered other products, including crafts”²

I believe that “Benares” saris could be acceptable under this categorisation.

Traditional Knowledge and cultural expressions

“Traditional cultural expressions (TCEs) include for example, paintings, carvings, sculptures, pottery, mosaic, jewellery, basket weaving, textiles, carpets, handicrafts, needlework, costumes, saddle decorations etc. In this context, ‘traditional refers to cultural expressions which generally were fist created a long time ago, have been transmitted from generation to generation, and are regarded as pertaining to a particular people or its territory.”³

If registration of either geographical indication or cultural expression can be obtained at an international level, then the Chinese copiers would be forbidden from marketing these products anywhere in the world, becoming liable to litigation for compensation and payment of costs, destruction of existing merchandise which infringes. “Kutchi” embroidery could be covered in this category.

Developing brands

By developing brands and registering IPP for the brand and its products, there is significant protection available through existing IP legislation. I do not have adequate understanding of the detail to say more about this. WIPO could advise very well.

Possible future action

Protection. The nature of IPP is complex, and in this instance, will require the services of competent IPP lawyers. WIPO should be able to provide names of agencies specialising in such work in India.

Funding. Given the seriousness of the matter, and the number of outstanding individuals and agencies involved, there is no reason why a focus group might not take the issue in hand and undertake the groundbreaking work of establishing which crafts can and need to be protected. Major Indian institutions or organisations would very likely have to find methods for financing the work related to registration of IPP under specific categories on behalf of groups of artisans whose work is specifically under threat. I suggest this because the costs of protection are beyond the means of most artisan groups.

Linking with WIPO.

1. “Marketing Crafts and Visual Arts: The role of Intellectual Property – a practical Guide” ISBN 92-9137-264-1
2. Ibid: page 85. See also www.wipo.org/treaties/registration/lisbon
3. Ibid: page 94