In an unprecedented move, the Bangladeshi Ministry of Industries has approved the preliminary designation of ten items as geographical indications (GIs) in just eight days.
A product is certified to have distinctive qualities related to several features of its geographical origin, such as climate, culture, manufacturing process, or even raw materials, by using a Geographical Indication (GI) designation or sign.
This effectively draws attention to the customs and standing of goods produced in a specific region or nation, enabling them to command greater prices than comparable goods produced abroad.
The GI tag, which is a type of intellectual property right, guarantees that the marketing rights and legal protection of certified items are exclusive to their country of origin.
The recognition is granted under the Geographical Indication (Registration and Protection) Act 2013 by the Industries Ministry’s Department of Patents, Designs, and Trademarks (DPDT), which is based on guidelines established by the World Intellectual Property Organization (WIPO).
A government agency that protects the interests of producers or a producer organization may apply for a product’s GI tag in accordance with regulations.
This necessitates having validated records with references, research, publications, testimonies, legal and historical data, and other information that collectively demonstrate that a product have qualities worthy of the GI designation.
When all of these papers are included in the GI status-seeking application, the DPDT validates them and publishes them as a journal.
Within two months, objections may be lodged; if they are settled, the DPDT releases a gazette announcing the GI status grant.
In the ten years from the law’s formulation in 2013, the DPDT has granted the GI certification to twenty-one goods.
On the other hand, it released journals for the last ten products in a mere eight days, beginning on February 8 with one on the Tangail sari.
This was apparently triggered by India granting GI status to a “Tangail Saree of Bengal”on January 31.
The industries ministry issued a press release on February 7, saying that the Tangail sari has been granted GI status based on an application filed by the deputy commissioner of Tangail on February 6 and a gazette would be published on February 8.
However, Senior Secretary to the ministry Zakia Sultana clarified to The Daily Star on February 7 that they had accepted the application for the publication of the association journal.
A gazette will be published in about two months, she said.
Experts have raised concerns over whether the applications for the 10 have been scrutinised and the documents properly verified so that no loopholes remain.
It usually takes anywhere from three to four months to verify applications and associated documents before they are deemed fit to be published in a journal, said a DPDT official seeking anonymity.
Bangladesh has always been reactive instead of proactive when it comes to awarding a GI status, said Mohammad Ataul Karim, a PhD student focusing intellectual property law at the University of Oxford.
Jamdani got the GI tag at the end of 2016, a few years after India registered “Uppada Jamdani” sari as a GI product and the pattern is similar for the Tangail sari, he said.
“Unfortunately, some of our current discussions are more emotion-driven and less pragmatic,” he said.
The applicants should prepare relevant documents properly and carefully, even if it takes time, said Karim, also a consultant of the WIPO.
The publication of the 10 journals for the GI recognition took place within such a short timespan that doubts have understandably arisen over whether those bear proper documents, he said.
Loopholes may leave the scope for aggrieved parties to challenge and subsequently get the GI status cancelled, he said.
India spent about four years, from September 2020 to January 2023, to scrutinise its documents before awarding its GI status for “Tangail Saree of Bengal”, he said.
The Indian GI status application states that its “Tangail Saree of Bengal” is made by weavers of the Basak community who had migrated from Bangladesh to West Bengal, said Karim.
He claimed that while Bangladesh made some claims regarding migration in their bid for the GI status for the Tangail sari, they were insufficient.
He suggested that Bangladesh had to investigate it to determine whether this kind of migration validates India’s claim to the Tangail sari.
According to Karim, Bangladesh will be able to resolve the issue before the World Trade Organization (WTO) if pertinent documentation are available.
According to him, the same holds true for other goods that are comparable for both nations.
The DPDT’s director general, Md. Munim Hassan, stated that the GI recognitions were being given out after the proper procedures and verifications.
“As a result, there is no possibility of having errors and questions being raised in the future,” he said.
He acknowledged that 21 products were provided the GI status over the last 10 years whereas 10 products were on the way to get it within a year.
“If those who were tasked with different responsibilities had completed the right work at the right time, this scenario would not have arisen,” he said.
Zakia Sultana, senior secretary to the industries ministry, said some applications for prospective GI products had been filed earlier.
“We have checked the documents thoroughly and met all the requirements before publishing the journals,” she said.
Prof Mustafizur Rahman, a distinguished fellow of the Centre for Policy Dialogue, said the government should be serious in awarding GI status to any product.
“…this is not a matter to be completed in a hurried manner,” he stated in reference to the Tangail sari application being filed and the journal being published in less than three days.
If done quickly, flaws might still exist.Document preparation for goods whose GI is probably going to be contested requires more work,” he stated.
