Are Geographical Indications (GIs) Sufficient to Protect Traditional Indian Textiles Frommisuse and Imitation?

Abstract

India is a nation having rich textile heritage. Generally, every state has its own traditional history that glorifies heritage. Kangivaram silk, Pashmina shawl, Banarsi sarees represents cultural expression. These textiles stipulate economic as well as traditional craftsmanship. The Geographical Indication Goods (registration and protection) Act, 1999 enacted for safeguarding goods which stipulates specific geographical area. These GI tag protects traditional textiles from being misused or copied, promotes market value and cultural appropriation.

This article stipulates the legal safeguards laid down for regulating GIs. Article examines certain questions like whether GI tags alone are enough to preserve traditional Indian textiles? Whether GIs are efficient in protection from unauthorised use of textiles? Whether there should be certain limitations? Whether the provided legal safeguards are enough to protect the good or additional mechanisms are required? The article argues that GI are valuable but in accordance with broader perspective, there are certain challenges that constitutes misuse of traditional motifs.

For preserving these traditional textiles, stringent mechanism or legal safeguards are required to balance the textile heritage comprehensively.

Keywords: Geographical Indication, traditional textiles, textile heritage, Cultural Expression

Introduction

A “geographical indication”[1] is a mark or a tag applied on the goods that have geographical significance and do profess certain specific quality. The GI tag used helps in recognising the identity of the true product. In reference to textiles, these GI tags are helpful in preserving the roots or the traditional textiles.

For the first time G.I was developed by WTO in 1994[2]

The term textile is derived from Latin word “texere”[3] which means to weave. Textiles can be prepared by knitting, crochet, weaving etc. Indian textile can be traced back to Indus Valley Civilisation from 5^th century. Indigo was the primary colour worn in cotton spanned garments. Since then, textiles are evolving and there’s a need for preserving these traditional cultural expressions. Traditional textiles are the materials prepared by using the traditional methods like weaving, hand spinning, natural dyeing that passes from generations to generations. These methods reflect cultural expressions and enhance valuability of the crafted items and continuing legacy. Textile industries had a greater significance in enhancing nation’s economy. Indian textiles gained high reputation in the global market such that India and cotton were used simultaneously by nations like “Greece and Babylon”[4]. Indian economy was supported by exporting of hand spun cotton for a longer period of time.

For preserving this age-old legacy protection of traditional fashion is required to protect cultural heritage, economic productivity and promoting lasting value.

Legal safeguards for Geographical Indication

GI is a form of IPR (Intellectual Property Right) that is framed to protect the products produced from the specific area.it forms a nexus between the product and the region in identity and its originality.GI is defined under Article 22 (TRIPS agreement). Before TRIPS there was no concept of protection of the geographical indication. GI came up with the evolution of the 3cases-

1. Neem case

Indian invention of neem extraction and its medical uses was copied by the US company (WR Grace & co). The Indian Government sued the company but later on when the examination held it was found that US company hasn’t copied the invention but created a new invention for extraction of neem. Thus, complaint filed was withdrew by the Indian Government.

2. Turmeric case

The use of turmeric for healing purposes was declared as a ‘prior art’[5] by Indians and the US patent was cancelled as it’s an age-old practice discovered in India before than that in US.

3. Basmati Rice case

Patent was allowed to the new hybrid variety that’s not connected with the Basmati rice.

Therefore, these three cases opened up the eyes of government and need to protect the inventions, goods, discoveries rise up. With this parliament enforced the GI Act,1999.

There are 4 types of geographical indications-

1. Quality-neutral geographical indication

There lies no such link amongst the product’s characteristics and origin of the product. It merely stipulates that the said product is crafted at the said location.

2. Qualified geographical indication

There lies a connection between the features of products and the signified place.

3. Direct geographical indication

The name itself defines these indications as these products are named on the basis of place of origin. Ex- Banarsi saree

4. Indirect geographical indication

The products are named not on the basis of the place they originated. Ex- Basmati rice.

Geographical Indication of Goods (registration and protection) Act 1999, enforced to give an identity to the products having regional significance. The act defines GI as the goods related to agriculture, natural, or manufactured goods is concerned with the place from where such goods are originated, produced, manufactured or prepared.

Features of the Act-

• It prevents the goods from being misused and protects consumers from the counterfeit products.
• It helps in identification of the authentic products.
• It builds up the trust and helps in meeting the global market standards.
• The specific formation of act allows easy and accessible interpretation of the provisions that prevents from unambiguous references.
• Act determines a registration process of the G.I of goods.
• Act allows a systematic mandatory publication of the G.I of the goods.

Registration process-

• The registration process begins by filing of application by the producer, manufacturer or the organisation.
• The registrar examines the particulars within the terms of law for accuracy.
• If registrar affirms with the disciplines of the application, it publishes the G.I on the respective platform so that if any objections then can be raised.
• If all the terms and conditions mentioned are met, then entry is made in the G.I register and registration certificate is issued.
• Thus, if no objection is raised G.I gains approval and grants exclusive rights for the span of 10 years.

Therefore, the same product from different parts of the country can also apply,” says Hansel[6] but this creates confusion amongst both the producers and the consumers but this situation is less faced in the handicraft area.

Remedies under Act-

“Chapter VIII”[7] mention acts that are against provisions of the Act and lays down the penalties or remedies.

For initial conviction – imprisonment for minimum 6months or for maximum period of 3 years and fine from 50,000 rupees to 2lakh rupees.

For subsequent conviction- imprisonment for maximum period of 3 years and with a fine of 1 lakh to 2 lakh rupees.

G.I as a means to protect Indian traditional textiles

The concept of globalisation has flourished the trade worldwide and this has given a new turn to Indian handicrafts as it was preferred globally and traditional as well as handmade goods gained huge respect. With time the issue faced by the textile industries that consumers are being deceived due to the existing duplicate goods in the market that has also drained the market value.

Ex- Banarsi saree has been no manufactured, prepared in other areas other than Banaras that has decreased the value of the original product.

-Pashmina shawl which is crafted in Kashmir

-Darjeeling tea (it was India’s first item to be recognised under G.I in 2004)

-Kangivaram silk, etc

Geographical indications are used to maintain the authenticity and the legacy of the craftsman. By registering the goods with compliance to GI Act 1999, the goods can be identified in larger view by a mandatory publication. This aids in balancing the market value of the product and mainly the mass duplicate production of the goods. This not only acts a s the “shield for the consumers”[8] to prevents from fraud but a means of respecting the art, effort, methods used by the workers in making the product which takes them months or even years in producing a tradition based good.

Importance of G.I tags are-

• Gives an identity to the product
• Helps in boosting economy
• Regional development
• Protects reputation
• Gives the traditional craftsmen recognition
• It’s a medium to attain the goals of “Viksit Bharat @ 2047”[9]

Role of Government-

Indian government has enforced certain schemes (one District one Product), events (G.I Mahotsav and trade fairs) and campaigns to make people aware of the G.I tags and safeguards their inventions or objects. Groups like “Agricultural and Processed Food Products Export Development Authority (APEDA) and the Export Promotion Council for Handicrafts (EPCH)”[10], has a significant role in promotion of the G.I tagged goods in the exhibitions.

World Intellectual Property Organisation (WIPO), is an international organisation that offers places for nations to promote their goods.

Whether G.I tags are enough?

No doubt that G.I tags are like a passport to global market and guarantees identity but in terms of protection of the traditional textiles these tags are not sufficient. These G.I tags do provides a legal stability and acts as a “paper label”[11] instead of a complete umbrella strategy.

Limitations-

• Less awareness

The rural producers are not aware of the G.I tags, that keeps them away from the commercial benefit they deserve which is gained by the intermediaries.

• Territorial restrictions

GI Act,1999 applies to the Indian goods not to the foreign goods. It does not protect from the foreign product duplicity. For foreign protection, product must be registered in that specific nation. If the product is registered in India doesn’t automatically gets registered in the global market.

• Zero market Support

Due to the availability of the duplicate products, consumers do opt for them as they are cheaper. Even though the promotion of the branded goods is made but still duplicated products override the authentic goods.

• Enforcement loopholes

There’s comparatively less legal vigilance to fight against the counterfeit products.

I tags are expensive, that affects the protection as a normal man can’t afford such hefty bills. Ex- pashmina shawls came under category of G.I tag by paying the cost approx. “44 crores”[12] to pass the quality certification test.

Case: Chanderi Sarees, Madhya Pradesh

There was a time when major population of M.P was indulged in the handicraft work of chanderi sarees but with the evolution of machinery, the traditional methods faced decline in the demand of sarees. Application for registering it was made by the Chanderi Development Foundation in 2005. This step led to the boost in the sale of the product.

Therefore, only GI tags do not sustain the product under umbrella protection, as there are certain loopholes or restrictions that cannot be met with the G.I tags only.

Recommendation

To attain wholesome protection of the products there should be-

• Awareness programmes that would allow the producers to know their rights better and to gain actual profit or market value they deserve.
• Promotion of the product

The product registered need to meet branding and marketing process for wider reach and establishing a link between the consumers and the product.

• Authorities must actively enforce the legal safeguards against infringement.
• The G.I can also be linked with the copyright and designs act to fill the left-out gaps.
• Use of sui generis protection for traditional cultural expressions.

Therefore, with this it’s clear that G.I tags are not solely enough, they provide legal recognition but that’s not sufficient to stand out as a shield against unauthorised uses.

Conclusion

G.I tags aren’t so famous in India as majority of the craftsmen belong to marginalised sectors or the rural areas that somewhat keeps them away from the legal support and information. Those who can afford it or are aware are making its correct use. It offers a badge of legitimacy to producers. It enhances publicity and credibility of the product. Therefore, it can be concluded that for protection of traditional textiles, G.I is required as it gives a legal recognition to product but only G.I doesn’t act wholly as a means to ensure security from counterfeit products.

Reference(S):

• Primary sources

Sathyabama. (n.d.). traditional textiles of India. Sathyabama Unit 1, 2.

Das, A. (2023). History of textile industry in India. IIAD.

Singh, S. (2025). India’s GI Conundrum: Saving Heritage or a Paper Label? IPLF.

Jain, C. P. (2025). GI tags: The roadmap towards Viksit Bharat. Chartered Secretary, 95.

Sundaresan, R. (2024). GI-Tags for Food and Drinks: A Complex Web of Determining Origins and Authenticity in India. The Locavore, 3.

• Secondary sources

(n.d.). Retrieved from WIPO: https://www.wipo.int/en/web/geographical-indications

Priyanka. (2021, june 6). lawsikho. Retrieved from ipleaders: https://blog.ipleaders.in/analysis-geographical-indications-goods-registration-protection-act-1999/

Government of India. (2024, september 4). Retrieved from indiahandmade : https://www.indiahandmade.com/blog/how-gi-tags-are-protecting-indias-traditional-crafts-and-products?srsltid=AfmBOopayx3bCg2OdT_wViKXiJ907NW0-BoP6eRHtSmAOZOwdpEY4Xgk

 Saraswat, P. (2021, august 11). Registering geographical indications : is it beneficial. Retrieved from ipleaders: https://blog.ipleaders.in/registering-geographical-indications-is-it-beneficial/

[1](n.d.). Retrieved from WIPO: https://www.wipo.int/en/web/geographical-indications

[2] Sundaresan, R. (2024). GI-Tags for Food and Drinks: A Complex Web of Determining Origins and Authenticity in India. The Locavore, 3.

[3]Sathyabama. (n.d.). traditional textiles of India. Sathyabama Unit 1, 2.

[4]Das, A. (2023). History of textile industry in India. IIAD.

[5]Priyanka. (2021, june 6). lawsikho. Retrieved from ipleaders: https://blog.ipleaders.in/analysis-geographical-indications-goods-registration-protection-act-1999/

[6]Sundaresan, R. (2024). GI-Tags for Food and Drinks: A Complex Web of Determining Origins and Authenticity in India. The Locavore.

[7]Priyanka. (2021, june 6). lawsikho. Retrieved from ipleaders: https://blog.ipleaders.in/analysis-geographical-indications-goods-registration-protection-act-1999/

[8] Government of India. (2024, september 4). Retrieved from indiahandmade : https://www.indiahandmade.com/blog/how-gi-tags-are-protecting-indias-traditional-crafts-and-products?srsltid=AfmBOopayx3bCg2OdT_wViKXiJ907NW0-BoP6eRHtSmAOZOwdpEY4Xgk

[9]Jain, C. P. (2025). GI tags: The roadmap towards Viksit Bharat. Chartered Secretary, 95.

[10] Government of India. (2024, september 4). Retrieved from indiahandmade : https://www.indiahandmade.com/blog/how-gi-tags-are-protecting-indias-traditional-crafts-and-products?srsltid=AfmBOopayx3bCg2OdT_wViKXiJ907NW0-BoP6eRHtSmAOZOwdpEY4Xgk

[11]Singh, S. (2025). India’s GI Conundrum: Saving Heritage or a Paper Label? IPLF.

[12]Saraswat, P. (2021, august 11). Registering geographical indications : is it beneficial. Retrieved from ipleaders: https://blog.ipleaders.in/registering-geographical-indications-is-it-beneficial/