Photo by Tijana Drndarski on Unsplash
Geographical Indications (GIs) are classified as potential saviours for farmers, weavers, and local traders in India. These GIs introduced through the Geographical Indications of Goods Act in 1999 have sparked hopes among various government bodies for a brighter future. However, despite efforts to increase registrations, the reality is not as straightforward. We will highlight the challenges faced by Coconut producers in the context of Lakshadweep. While GIs hold symbolic significance, they have not necessarily translated into tangible benefits for some communities they aim to support.
Unlike other forms of intellectual property rights such as patents or trademarks, Geographical Indications (GIs) allow any group of people, producers, organizations, or authorities recognized by law to apply for registration. Once registered, GIs grant exclusive rights to the community or authorized users for products associated with that geographical location. It's important to note that GIs cannot be transferred to other parties. They represent the collective reputation and quality associated with a particular geographic region or group of producers. Unlike patents which have a limited duration, GIs can be protected indefinitely by renewing their registration every ten years. This ensures that the unique identity and reputation of GI products are maintained over time.
A Geographical Indication (GI) is essentially a label or symbol assigned to specific products that have a direct connection to a particular geographic area such as a region, town, or country. When a product carries a GI, it signifies that it is produced using traditional methods, possesses distinct qualities or enjoys a certain reputation due to its geographical origin.
These indications are commonly associated with various categories of products including wine and spirits, food items, agricultural goods, handicrafts, and industrial products. The GI tag serves as a safeguard by ensuring that only authorized users registered under the GI are permitted to use the product's name thereby protecting its authenticity and reputation.
For a sign to qualify as a GI, it must indicate that the product originates from a specific location, emphasizing the importance of geographical origin in defining the product's identity and characteristics.
Ashraf Hussain, another person in the Lakshadweep coconut industry explains the concerns raised by Mohammed Altaf Hussain. He mentions the problem of non-renewal of organic certificates adds another layer of complexity. Lakshadweep is going for Lok Sabha polls on April 19th, 2024. This suggests that the coconut industry's demands for a geographical tag and improved transportation facilities might be a pressing issue for the upcoming elections.
Lakshadweep produces approximately 10 crore coconuts across 12,000 small holdings averaging 0.25 hectares each, totalling about 2,800 hectares of coconut cultivation. Presently, coconuts are mainly processed for oil production. However, only about three crore nuts are processed annually on the island leaving an excess of seven crore nuts that are primarily sold in mainland India.
Seasonal Limitations: The coconut processing industry operates for only about six months a year during dry weather. Between May and December, operations come to a stop resulting in loss of coconuts business.
Overall, by leveraging organic farming practices, improving processing capabilities and implementing strategic marketing initiatives, Lakshadweep aims to elevate its coconut industry thereby fostering economic growth and sustainability.
Registration of Geographical Indications (GIs) in India is not mandatory but it holds significant legal importance. According to Section 20(1) of the GI Act, individuals cannot take legal action to prevent infringement or claim damages for an unregistered GI. However, registering a GI grants its owner and authorised users the legal right to seek relief in case of infringement. The GI Registry headquartered in Chennai falls under the jurisdiction of the Controller-General of Patents, Designs, and Trademarks who serves as the Registrar of GIs as per Section 3(1) of the GI Act. Additionally, Section 6(1) mandates the maintenance of a GI Register, divided into Part A and Part B. Part A contains details about the registered GIs while Part B lists the authorized users.
The registration process allows GIs to be registered for specific classes of goods as determined by the Registrar following the International classification of goods. Section 8 of the Act outlines this requirement. Furthermore, a single application can cover registration for multiple classes of goods with fees applicable for each class.
The significance of coconut in the socio-economic and cultural fabric of the Lakshadweep islands is important. The full potential of coconut farming in these islands remains untapped due to several factors. To address this issue various strategies have been proposed. These include implementing a coconut rejuvenation program to replace ageing and unproductive palms, restructuring orchards to achieve optimal palm density, promoting practices for managing soil health, and focusing on getting Lakshadweep registration for the Coconut industry Gi tag. This value addition initiative will help this island in the marketing of coconut products and get even global recognition. By implementing these strategies, the aim is to enhance the coconut sector in the islands which will lead to increased productivity and income for the local population.
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