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November 12, 2021

Summary: ‘Protection Of Traditional Art Forms Under Geographical Indications Law: A Case Study Of Madhubani And Sujini Art Forms Of Bihar, India’ (By Akanksha Jumde and Nishant Kumar)

Author: Intern - Yash Raj

Protection of traditional art forms under geographical indications law: a case study of Madhubani and Sujini art forms of Bihar, India is a paper published in 2021 [Akanksha Jumde, Nishant Kumar, Protection of traditional art forms under geographical indications law: a case study of Madhubani and Sujini art forms of Bihar, India, Journal of Intellectual Property Law & Practice (July 2021)]. The paper analyzes issues with the implementation of Geographical Indications (GI) law in India especially in light of the traditional handicraft sectors. Towards this, two ancient art forms from the state of Bihar were studied based on field visits and in-depth interviews of some relevant stakeholders.

The paper provides an overview of GI law in India such as the registration and enforcement process along with highlighting its importance and comparison with other forms of IP. Handicrafts as an industry has a huge significance in India in terms of employment generation as well as revenue from exports. GI law has emerged as the best form of protection to traditional knowledge. Consequently, the registration of Sujini and Madhubani GIs have not only uplifted the life of rural women of Bihar but also helped in the popularization of the art form globally.

The paper highlights how despite the rapid growth in GI registrations for handicrafts, there still exists a gap in the existing literature on GI law in this regard. There has been increasing instances of counterfeiting and misappropriation in the manufacturing and sale of products as the law is limited to penalizing only improper use of the GI label and not the manufacturing process as such. This is also a result of lack of post-registration quality control and monitoring provision. Further, applicants are subjected to arduous registration procedures and anomalous ‘authorized user’ requirement, thereby making the process further challenging. Moreover, with cases of artists migrating to larger markets, the localization requirement for use of GI label is put into question. Due to the lack of sufficient government support in promotion and marketing post-registration, it becomes challenging for artists to survive on the art form as a complete source of livelihood.

The paper emphasizes that these issues arise as GI law is extremely trader-centric and to address the same, promoting awareness through association about the social and cultural significance of the products is important. Besides, solutions for statutory and procedural issues can be found in laws of other countries, and with governmental support and certain practical steps by proprietors, GIs can be adequately protected and would yield better economic returns.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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